JUDGMENT :

G.JAYACHANDRAN, J.

Prayer :- First Appeal filed under Section 96 of C.P.C., against the judgment and decree, dated 05.07.2012, passed in O.S.No.52 of 2010, on the file of the First Additional District Court, Thoothukudi.

This Appeal Suit is filed by the fourth defendant being aggrieved by the judgment and decree passed by the trial Court for specific performance of the contract entered between the plaintiffs/respondents 1 to 3 with one Ramesh Kannan [since deceased]. The respondents 1 to 3 are the legal heirs of the said Ramesh Kannan.

2. The brief facts of the case as found in the pleadings runs as under:-

2.1. The suit schedule property was purchased by Ayyakutti Achari on 10.03.1975 from S.K.S.Rajamani Nadar. Ayyakutti Achari died intestate leaving behind his wife, sole son Ramesh Kannan and three daughters. The female descendants namely, wife and daughters released their right in the property in favour of the male descendants Ramesh Kannan through a registered release deed, dated 24.03.2003. Thus, Ramesh Kannan became the absolute owner of the suit schedule property. While so, during his lifetime, he entered into an agreement of sale on 28.05.2007 with the plaintiffs for