JUDGMENT :

P.B.BALAJI, J.

Prayer:- Original Side Appeal filed under Order 36 Rule 9 of the Original side Rules read with Clause 15 of Letters Patent against the order of the learned Single Judge dated 19.01.2017 made in C.S.No.286 of 2013.

This intra Court Original Side Appeal is filed against the judgment and decree of the learned Single Judge passed in C.S.No.286 of 2013.

2. The plaintiff in the said suit for specific performance of the agreement of sale dated 04.03.2010 is the appellant herein.

3. The brief facts of the case leading to the present appeal are:

(1) The plaintiff entered into an agreement of sale on 04.03.2010 with the respondents who are the owners of the suit schedule property bearing Door No.46, Sadullah street, T.Nagar, Chennai-600 017 for an extent of 1224 sq.ft together with undivided half share an extent of 195 sq.ft (out of 390 sq.ft) in the 6 feet common passage totalling in all 1419 sq.ft comprised in T.S.No.5868, Block No.131, T.Nagar Village, Mambalam- Guindy Taluk, Chennai District.

(2) The respondents herein being the owners of the suit schedule property agreed to sell the same to the appellant for a total sale consideration of Rs.80,00,000/-. An advance of