JUDGMENT :

(S.S. Sundar, J.,)

(Prayer: Appeal Suit filed under Section 96 r/w Order 41 Rule 1 and 2 of C.P.C., against the judgment and decree dated 03.02.2012 made in O.S.No.79 of 2006 passed by the learned Additional District and Sessions Judge, Fast Track Court No.I, Poonamallee.)

1. The plaintiff in the suit in O.S.No.79 of 2006 on the file of the Additional District and Sessions Judge, Fast Track Court No.I, Poonamallee, is the appellant in the above appeal.

2.The appellant filed the suit in O.S.No.79 of 2006 for specific performance of an Agreement of Sale dated 10.01.2005 executed by defendants 1 to 9, along with one Chokkubai, who is the wife of late Sri.A.S.Nagarathnam and mother of defendants 1 to 7.

3. The suit property was originally owned by two brothers, namely, Mr.A.S.Nagarathnam and Mr.A.S.Ponnurangam. Mr.A.S.Nagarathnam died, leaving behind his wife Tmt.Chokkubai Ammal and his children, i.e. defendants 1 to 7. It is the case of plaintiff, that Thiru.A.S.Ponnurangam, the 8th defendant representing the family agreed to sell the suit properties at the rate of Rs.37,000/- per cent and received a sum of Rs.1 lakh as advance. 8th defendant was appointed as Power of Attorney Agent of defendants 1 to 7, 9th defendant and mother of defendants 1 to 7 by a registered Power of Attorney Deed dated 15.11.2004. Later Mr.A.S.Ponnurangam for himself and on behalf of defendants 1 to 7 and 9 and mother of defendants 1 to 7 executed a Sale Agreement in favour of the plaintiff on 10.01.2005. As per the Sale Agreement, the sale consideration was fixed at Rs.38,000/- per cent and the total sale consideration for an extent of 2 acres and 20 cents (suit property) was arrived at Rs.83,60,000/-. On the date of the Agreement, the 8th defendant received a sum of Rs.17,00,000/- as advance including the sum of Rs.1 lakh received as advance.

4. It is the case of plaintiff that he agreed to purchase the suit property in order to develop the land as a layout and sell the suit property as house site plots. It is stated that the plaintiff who was doing real estate business, obtained a Power of Attorney Deed dated 19.01.2005 under Ex.A4 from defendants 1 to 9 and one Tmt.Chokkubai Ammal, the wife of Mr.A.S.Nagarathnam and mother of defendants 1 to 7. As per the Agreement, the plaintiff was supposed to complete the sale by the end of April, 2005. However, it is admitted that Tmt.Chokkubai Ammal died on 26.04.2005. Thereafter, on 28.04.2005, the plaintiff paid Rs.1,00,000/- to the 4th defendant, who is the son of Tmt.Chokkubai Ammal by way of further advance amount. Admittedly the plaintiff failed to pay the balance consideration on or before 30.04.2005. It is stated by the plaintiff that the defendants failed to provide the legal heirship certificate and other documents so as to enable the plaintiff to proceed with the development of the land as a layout as it was conceived at the time of the Agreement. The 8th defendant issued a notice under Ex.A5 dated 23.06.2005, complaining that the plaintiff who had agreed to complete the transaction on or before 30.04.2005 failed to pay the balance. By this notice, the plaintiff was called upon to complete the transaction on or before 30.06.2005 by paying the entire balance amount and arrange for registration of Sale Deed so as to complete the sale transaction failing which he will be at liberty to cancel the Agreement. Thereafter, on 28.06.2005, the plaintiff issued a reply notice to the 8th defendant under Ex.A6, asking for verification of documents, Power of Attorney and other documents relating to the title in order to obtain sanction from CMDA. Later it is admitted that defendants 1 to 9 executed a Sale Deed on 21.07.2006 in favour of defendants 10 and 11. Thereafter on 22.08.2006, the plaintiff filed the suit for specific performance, alleging that defendants 10 and 11 are not bona fide purchasers.

5. The suit was resisted by the defendants pointing out that the plaintiff was never ready and willing to p