JUDGMENT :

S.S. SUNDAR, J.

Prayer : Appeal Suit filed under Section 96 of Code of Civil Procedure against the judgment and decree dated 18.06.2013 in O.S.No.825 of 2007 on the file of the IV Additional District and Sessions Court, Coimbatore.

Prayer : Appeal Suit filed under Section 96 read with Order 41 Rule 1 of Code of Civil Procedure against the judgment and decree dated 18.06.2013 in O.S.No.825 of 2007 on the file of the IV Additional District and Sessions Court, Coimbatore.

The plaintiff in the suit in O.S.No.825 of 2007 on the file of the IV Additional District and Sessions Court, Coimbatore, is the appellant in A.S.No.266 of 2013 and the defendants 1 to 3 in the same suit in O.S.No.825 of 2007 are the appellants in A.S.No.9 of 2014. Since both the appeals arise out of the common judgment and decree of learned IV Additional District Judge, Coimbatore, in the suit in O.S.No.825 of 2007, these two appeals are disposed of by this common judgment.

2. For convenience, parties are referred to as per their litigating status before the trial Court.

3. Brief facts that are necessary for the disposal of both the appeals are as follows :

3.1. The appellant in A.S.No.266 of 2013 filed the suit in O.S.No.825 of 2007 for specific performance of an agreement of sale dated 15.11.2006 and for consequential reliefs including a prayer for mandatory injunction directing the defendants to deposit the original documents of title in respect of the suit property.

3.2.It is the case of the plaintiff that the defendants 1 to 4 are the joint owners of the suit property measuring an extent of 2.15 Acres comprised in two Survey Fields in Chettipalayam Village, Coimbatore South Taluk, Coimbatore District. It is stated that the plaintiff approached the defendants to purchase the suit property and after negotiation, the plaintiff and defendants entered into an agreement of sale dated 15.11.2006 for a consideration of Rs.49,00,000/-. As per the sale agreement, a sum of Rs.5,00,000/- was paid as advance on 15.11.2006 and the plaintiff agreed to pay a further sum of Rs.10,00,000/- on or before 23.11.2006. It is the common case of both sides that time for performance of the contract was 3½ months, i.e., on or before 28.02.2007. As per the agreement, in case the balance of sale consideration is not paid on or before 28.02.2007, the plaintiff, by way of penalty, is required to pay interest @ 24% p.a. upto 31.05.2007 and the parties agreed that the agreement would stand cancelled without further notice to the plaintiff in case the plaintiff does not pay the balance of sale consideration on or before 31.05.2007.

3.3.It is the case of the plaintiff that he paid a further sum of Rs.10,00,000/- on 19.11.2006 and the 4th defendant, for himself and on behalf of other defendants, gave a receipt for the said sum of Rs.10,00,000/-. In the plaint, it is stated that, despite readiness and willingness by plaintiff to pay the balance of Rs.34,00,000/-, the defendants willfully infracted the terms of agreement by not co-operating with the plaintiff in completing the sale. It is further stated that, after repeated demands, the plaintiff sent a telegram dated 24.05.2007 requesting all the defendants to come and receive the balance of sale consideration and execute the sale deed in his favour. It is also contended by the plaintiff that he called upon the defendants to come to the Registrar's Office on 28.05.2007 and that the plaintiff though was waiting with the balance sale consideration from 09.30 a.m. in the office of the Sub-Registrar, Kinathukadavu, the defendants did not turn up till 05.00 p.m. on that date. It is further stated that the defendants did not respond to the telegraphic notice and that the plaintiff was constrained to issue a lawyer's notice dated 01.06.2007 to the defendants and also effected a paper publication to inform the public about the agreement the plaintiff had with defendants. The plaintiff admitted in the plaint that the notice sent to defendants 1 to 3