Sathish Ninan, J.

The decree for specific performance of an agreement for sale is under challenge by the defendants.

2. The plaint schedule property is 52.60 ares, comprised of 45.9 ares belonging to the first defendant and 6.70 ares belonging to his wife, the second defendant. It lies as a single plot. A coir factory is situated in the property. The property was mortgaged by the defendants to a Bank. Consequent on the default in repayment, the Bank had initiated recovery proceedings before the Debt Recovery Tribunal (DRT). Such proceedings led to an auction held by the DRT on 30.04.2010. The property was sold for an amount of ₹ 30 lakhs. The plaintiff is also engaged in coir business. The plaintiff's father and the first defendant had been friends. It was agreed that the property could be conveyed to the plaintiff for an amount of ₹ 70 lakhs. The amounts payable before the DRT to get the sale set aside, was to be paid by the plaintiff and the sale was to be got set aside.

3. Accordingly Ext.A1 agreement for sale dated 23.07.2010 was executed between the plaintiff and the defendants. The total consideration fixed was ₹ 70 lakhs. The period fixed for performance was six months