JUDGMENT

The appellant is the plaintiff in O.S.No.535 of 2010 on the file of Principal Subordinate Judge's Court, Palakkad. Suit is one for specific performance of contract. (Parties will hereafter be referred as per their status before the trial court.

2. It is alleged that plaint schedule item No.1 property belongs to defendants 1 and 2 and item No.2 belong jointly to all the defendants. Plaintiff agreed to purchase and defendant agreed to sell plaint item No.1 of plaint schedule property for a value of Rs.1,875/- per cent and item No.2 for a value of Rs.5,600/- per cent. An agreement to that effect was executed on 30.05.2008. Plaintiff paid Rs.1,50,000/- on that day towards advance sale consideration to defendants 1 and 2. Defendants 1 and 2 signed the agreement for and on behalf of all the other defendants. Plaintiff was always ready and willing to perform his part of the contract but defendants evaded the performance and finally plaintiff issued lawyer notice to defendants 1 and 2 for which a reply was sent raising untenable contentions. Hence the suit has been filed for specific performance of the contract and in the alternative for return of advance amount.

3. Pending the suit