JUDGMENT :

PRAYER: Appeal Suit filed under Section 96 of Code of Civil Procedure, to set aside the judgment and decree dated 21.10.2013 passed in O.S.No.20 of 2010 on the file of the District Judge, Sivagangai.

The appeal arises out of a suit for specific performance of an agreement of sale dated 22.08.2007 The defendants are the appellants in the above first appeal. The plaintiff and first defendant are brothers. The defendant is the owner of the suit property having purchased the same under a sale deed, dated 12.05.2005 (Exhibit B.6). The plaintiff and defendant entered into an agreement of sale of the suit property which is a coconut garden admeasuring 6 acres and 8 cents in S.Nos.19/7, 19/8A, 19/8B, 19/9, 19/10, 19/11, 19/12A, 19/12B and 19/13 on 22.08.2007 for a sale consideration of Rs.20,00,000/- (Rupees Twenty Lakhs only). An advance of Rs.15,00,000/- (Rupees Fifteen Lakhs only) was paid by the plaintiff to the defendants on the date of the agreement and the balance of Rs.5,00,000/- (Rupees Five Lakhs only) was agreed to be paid within a period of 1 year from the date of agreement. The suit agreement was a registered agreement. As the defendant was evading performance, the pl