JUDGMENT :

R.SUBRAMANIAN, J.

Prayer: Appeal filed under Section 96 read with Order 41 Rule 11 of the Code of Civil Procedure, 1908, praying to set aside the judgment and decree of the Principal District Judge, Krishnagiri, dated 03.04.2009 in O.S.No.57 of 2006.

For the sake of convenience, the parties are referred to as per their rank in the suit.

2. The instant appeal has been filed by the defendants in O.S.No.57 of 2006, a suit for specific performance.

3. According to the plaintiff, the defendants have entered into an agreement of sale on 05.10.2005 agreeing to convey an extent of 17.31 acres, which was described as Item Nos.1 to 8 in the agreement, for a total consideration of Rs.31,61,000/-. On the date of agreement, a sum of Rs.10,00,000/- was paid as advance. A period of one month was fixed for performance. The time fixed for performance ended on 04.11.2005. In the interregnum, the plaintiff paid a further advance of Rs.2,00,000/- and after 04.11.2005, the plaintiff paid a further advance of Rs.5,00,000/- on 06.11.2005 and another sum of Rs.1,00,000/- on 28.11.2005. Thus, the total sum of Rs.18,00,000/- was paid as advance.

4. On 10.12.2005 the plaintiff issued a notice demanding