JUDGMENT :

(Prayer : Appeal Suit is filed under Section 96 of C.P.C. against the judgment and decree dated 15.10.2003 made in O.S.No.244 of 1997 on the file of the Subordinate Court, Srivilliputtur.)

Challenging the decree and judgment passed by the learned Subordinate Judge, Srivilliputtur, in O.S.No.244 of 1997, dated 15.10.2003, decreeing the suit for specific performance, the present appeal came to be filed by the appellants.

2. For the sake of convenience, the parties are referred to herein, as per their own ranking before the Trial Court.

3. The brief facts of the plaintiff's case are as follows:-

3.1. The plaintiff and the first defendant are brothers. They have owned the property adjacently. The first defendant agreed to sell the suit property to the plaintiff for a total sale consideration of Rs.6 lakhs. The agreement was finalized in the presence of Mediators one N.P.Sahulammed and M.S.Abdulkhadar. Accordingly, the agreement dated 04.04.1996 was reduced in writing. On the date of said agreement, a sum of Rs.2,000/- was paid as advance amount. On the date of the sale agreement, the title of the suit schedule property was not with the first defendant, but with the possession of