J U D G M E N T

Sathish Ninan, J.

The suit for specific performance of an agreement for sale was dismissed by the trial court. The plaintiffs are in appeal.

2. On 19.11.2008, the plaintiffs entered into Ext.A1 agreement for sale with defendants 1 and 2. Under Ext.A1, defendants 1 and 2 agreed to convey the plaint schedule property to the plaintiffs. The extent of the property is 30 cents. The sale consideration fixed was ₹ 6,60,000/- per cent. On the date of Ext.A1 agreement, an amount of ₹ 25 lakhs was paid towards advance sale consideration. The period fixed for performance was six months. As per Ext.A1, a further amount of ₹ 25 lakhs was to be paid by the plaintiffs to defendants 1 and 2 on or before 05.12.2008.

3. According to the plaintiffs, after the execution of Ext.A1 agreement, it came to their knowledge that there existed a suit in respect of the property as OS 159/2007, for partition. The suit, though was dismissed on 31.03.2008, an appeal was pending against the decree as AS 32/2008. Under such circumstances, on 05.12.2008, which is the date fixed for payment of a further amount of ₹ 25 lakhs, the plaintiffs handed over an undated cheque for ₹ 25 lakhs to defendants 1 and 2