JUDGMENT :

(Prayer: This First Appeal is filed under Section 96 and Order XLI Rule 1 of Code of Civil Procedure to set aside the judgment and decree dated 23.09.2010 in O.S.No.57 of 2006 on the file of the Court of the Additional District Court (Court No.2) Cuddalore.)

1. The unsuccessful plaintiff is the appellant herein. He filed a suit in O.S.No.57 of 2006 before the Additional District Court, Cuddalore seeking specific performance of the suit sale agreement Ex.A1. The defendants 5, 8, 9 & 10 filed written statement and others have remained ex-parte.

2. The brief facts of the case are as under:-

It is the specific case of the plaintiff that they have entered into agreement of sale with all the defendants except defendants 9&10 who are the owners of the property. The property originally belonged to one Vaiyapuri and his son Pakkiri died. The defendants 1 to 4 are the legal heirs of Vaiyapuri and defendants 5 to 8 are the legal heirs of the pre-deceased son Pakkiri. Defendants 9 & 10 are the purchasers from Defendants 1 to 8.

3 (a) As per the plaint, the plaintiff and all the defendants 1 to 8 have entered into Ex.A1 - suit sale agreement on 23.06.2006 for sale of the suit schedule pro