JUDGMENT :

P.B. Balaji, J.

[PRAYER:- Appeal Suit filed under Section 96 of Code of Civil Procedure against the judgment and decree dated 30.06.2008 made in O.S.No.172 of 2007 on the file of the First Additional District Court, Erode.]

The above first appeal has been preferred by the unsuccessful first defendant in a suit for specific performance, challenging the judgment and decree passed in O.S.No.172 of 2007 on the file of the I Additional District Judge, Erode. The array of parties before the Trial Court is being adopted for the sake of convenience.

2. Brief facts of the plaint in O.S.No.172 of 2007 are as hereunder :

The plaintiffs entered into an unregistered agreement of sale on 15.09.2004 to purchase agricultural lands measuring about 3 acres and 63½ cents situated at Perundurai Village and Taluk, from the defendants who are father and son. The total sale consideration agreed to between the parties under the said sale agreement dated 15.09.2004 was Rs.27,823/- per cent and an advance of Rs.11,00,000/- was paid by the plaintiffs. The 1st defendant entered into an agreement of sale as Kartha of the Hindu Undivided family, for himself and also on behalf of his then minor son i.e. th