JUDGMENT :

S.S.SUNDAR, J.,

Prayer:- Appeal Suit filed under Section 96 of CPC against the judgment and decree dated 26.03.2014 made in OS.No.497/2006 on the file of the learned IV Additional District and Sessions Judge, Coimbatore.

Prayer:- Appeal Suit filed under Section 96 of CPC against the judgment and decree dated 26.03.2014 made in OS.No.673/2011 on the file of the learned IV Additional District and Sessions Judge, Coimbatore.

1. These two appeals are filed against the common judgment and decree in the suits in OS.No.497/2006 and OS.No.673/2011 dated 26.03.2014 on the file of the IV Additional District and Sessions Court, Coimbatore, by the defendants 8 to 12 in the suit in OS.No.497/2006 who are also defendants 7 to 11 in the suit in OS.No.673/2011.

2. Since the contesting parties are one and the same and the suits are connected and disposed of by a common judgment and decree, these two appeals are also heard together and disposed of by this common judgment.

3. Respondents 1 to 3 in both the appeals are the wife and children of late Sri.A.Krishnamurthy who is the plaintiff in both the suits, namely, OS.Nos.497/2006 and 673/2011. The suit in OS.No.497/2006 was filed for specific performance of an Agreement of Sale dated 18.05.2006 and consequential reliefs and in the alternative for directing the defendants to pay a sum of Rs.16,55,200/- with interest. The suit in OS.No.673/2011 was filed by the very same plaintiff for permanent injunction restraining the defendants therein from in any manner altering the physical features of the suit property either by putting up construction or otherwise.

4. The suit property is an extent of 8.05 acres [3.66 acres comprised in SF.No.729/1 and an extent of 4.39 acres in SF.No.729/2] in Kudalur Village, Coimbatore Taluk.

5. In the suit for specific performance, the case of the plaintiff is as follows:

6. The suit property originally belonged to one Kannaiya Naidu who purchased the same by virtue of a Sale Deed dated 28.06.1954. After the death of late Sri.Kannaiya Naidu, defendants 1 to 6 in the suit who are the daughters and sons of late Sri.Kannaiya Naidu, succeeded to the properties as the wife of Sri.Kannaiya Naidu also predeceased him.

7. Defendants 1 to 4 namely, the daughters of late Sri.Kannaiya Naidu executed a registered Power of Attorney Deed in favour of their brothers namely defendants 5 and 6 on 28.04.1999 and on the basis of the said Power of Attorney Deed, defendants 5 and 6 entered into an Agreement of Sale dated 18.05.2006 with the plaintiff. Defendants 5 and 6 signed the Agreement for themselves and on behalf of defendants 1 to 4. As per the Agreement of Sale, the total consideration is Rs.34 lakhs and the time agreed under the Sale Agreement is three months from the date of Agreement [on or before 17.08.2006]. However, time is not the essence of the contract.

8. The plaintiff paid a sum of Rs.5 lakhs as acknowledged by defendants 5 and 6 in the Agreement under Ex.A3 and the plaintiff was directed to pay a further sum of Rs.10 lakhs to the previous Agreement holders who had also entered into an agreement with defendants for the same property. The plaintiff, therefore, paid a sum of Rs.10 lakhs as per the instructions of defendants on 11.07.2006. The previous agreement holders cancelled the previous agreement. Therefore, a sum of Rs.15 lakhs was acknowledged by the 6th defendant for himself and on behalf of the other defendants on the back side of the first page of the Sale Agreement. The plaintiff was ready and willing continuously with the balance of sale consideration to get the Sale Deed in his favour and regularly contacted defendants 5 and 6 in that regard. However, defendants 5 and 6 delayed and did not show any inclination to settle their bank debt in spite of the amount being made ready by the plaintiff. The defendants did not make any attempt to come to the Bank to release the documents by signing the necessary papers with the Bank.

9. The plaintiff went a step further an