JUDGMENT :

This Second Appeal is directed against the judgment of the learned IV Additional District and Sessions Judge, Coimbatore in A.S.No.3 of 2016 modifying the judgment of the learned Camp Subordinate Judge, Mettupalayam in O.S.No.1 of 2013.

2. The respondent/plaintiff filed the suit for specific performance of contract on the basis of sale agreement dated 19.07.2012 or alternative relief of refund of advance amount of Rs.50,000/- with interest and for costs.

3. The case of the respondent/plaintiff is that the first appellant and his brother Krishnan succeeded to the property to an extent of 2.61acres in S.F.No.438/2 in Sirumugai Village. Respondent is a leasee in this property for thirty years. On 20.01.1992, respondent purchased an extent of 1.30 ½ acre of this property from the appellants and Krishnan. Again on 30.12.2005, he purchased 64 ¾ acres from the remaining extent of this property, from Krishnan and his son. Then respondent settled these properties in favour of his wife by two settlement deeds dated 15.11.2004 and 04.03.2008 respectively. He was cultivating tenant in respect of the remaining extent of 65 ½ cents in this property. A dispute arose between the respondent