JUDGMENT :

(Prayer: Appeal Suit filed under Section 96 of the Civil Procedure Code, 1908 against the judgment and decree made in O.S.No.149 of 2008, dated 12.8.2011, on the file of the Fast Track Judge(Additional District Court), Dindigul.)

1. The Appeal Suit is directed against the judgment and decree made in O.S.No.149 of 2008, dated 12.08.2011, on the file of the Fast Track Judge(Additional District Court),Dindigul.

2. The appellant is the plaintiff and the respondents are the defendants in O.S.No.149 of 2008, dated 12.08.2011, on the file of the Fast Track Judge(Additional District Court), Dindigul.

3. The appellant/plaintiff has filed a suit for specific performance directing the defendants to execute the sale deed as per the sale agreement entered between them and to hand over the possession of the property with nil encumbrance to the plaintiff as agreed between them and in alternative, to direct the respondents/defendants to return the advance amount paid by the plaintiff to the respondents/defendants towards advance amount with interest at 18% p.a. The trial Court, after trial, dismissed the suit with costs Challenging the said judgment and decree passed by the trial Court, the plaintiff has filed the present appeal suit.

4. For the sake of convenience, the parties are referred to herein as per their own ranking before the trial Court.

5. The brief facts of the plaint reads as follows:

The suit property originally belonged to the defendants and they are in possession and enjoyment of the same. While-so, the plaintiff and defendants have entered into a sale agreement in respect of the sale of the suit property on 21.3.2008 for a valuable sale consideration of Rs. 11,77,200/- and on the same date, the defendants have received a sum of Rs.2 lakhs as advance amount and also agreed to execute the sale deed with nil encumbrance on or before 21.9.2008, on payment of balance sale consideration of Rs.9,7,200/- to the defendants with a condition that when the plaintiff is ready to perform his part of contract and when the defendants have failed to execute the sale deed as per the sale agreement, the plaintiff is entitled to get the sale deed executed through Court by filing a suit for specific performance. The Plaintiff is always ready and willing to perform his part of contract and that the defendants have delayed the said process. Then the plaintiff came to know that the defendants have created encumbrance on the suit property by mortgaging the same with Canara Bank, Madathukulam Branch and failed to clear the said encumbrance by paying the mortaged amount to the bank. The plaintiff has requested the defendants several times in person and through mediators to execute the sale deed as per the sale agreement, however, the defendants have delayed the same, for one reason or other. Hence the plaintiff has sent a legal notice to the defendants on 7.11.2009 and the defendants have replied for the same by their reply notice, dated 18.11.2009. Since the defendants have failed to perform their part of contract on receipt of the legal notice, the plaintiff has filed the above suit for the relief stated supra.

6. The first defendant has filed a written statement and the brief facts of the same, reads as under:

The suit filed by the plaintiff is with false averments and a fraudulent one. The sale agreement, dated 21.3.2008 is admitted. The suit property was in absolute possession of this defendant was denied and it was an ancestral property. It was agreed that the plaintiff has to perform his part of contract by paying the balance sale consideration on or before 21.09.2008, failing which, he has to forfeit the advance amount and that if the defendants failed to perform their part of contract, the plaintiff is entitled to get the sale deed executed through Court proceedings. But the plaintiff is not ready and willing to perform his part of contract at any point of time. Since the plaintiff has failed to take steps to get the sale deed execu