JUDGMENT :

PRAYER: This Appeal Suit is filed under Section 96 of C.P.C. against the judgment and decree dated 04.01.2001 made in O.S.No.260 of 1994 on the file of the Additional Subordinate Judge, Nagercoil.

Aggrieved over the decree and judgment of the trial Court granting specific performance in respect of the suit properties, the present appeal came to be filed by the first defendant. For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

2. The first defendant is the owner of the suit properties and he has agreed to sell the same to the plaintiffs 1 and 2 and second defendant for a sale consideration of Rs.4,00,000/- and executed a registered sale agreement on 07.07.1993 and received Rs.3,00,000/- advance on the same date of agreement. Time agreed for completion of sale is one year. On 04.07.1994, the first defendant, received another One Thousand Rupees towards sale consideration and made endorsement and agreed to execute sale deed before the end of the August 1994. The plaintiffs 1 and 2 and the second defendant were ready and willing to perform the part of the contract and pay sale consideration. However, the first defendant