JUDGMENT

This Appeal suit is filed against the judgment and decree dated

27.07.2009 passed in OS.No.65 of 2008 on the file of the Additional District Judge(Fast Track Court-I), Salem, thereby dismissed the suit for specific performance and also refund of excess amount.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

3. The appellant is the second plaintiff, respondents 1 to 8 are the defendants and the ninth respondent is the first plaintiff in the above suit. The case of the plaintiffs is that the suit property owned by defendants 1 to 5. They gave power of attorney in favour of defendants 6 and 7 dated 04.07.2007 to deal with the suit property. On the strength of the power of attorney, defendants 6 & 7 entered into an agreement for sale with the plaintiffs on 23.07.2007 to purchase the suit property admeasuring 39 cents (17004 sq.ft.) for consideration of Rs.19/- per sq.ft. There is no road approach for the suit property. On the date of the agreement for sale, defendants 6 and 7 had received a sum of Rs.1,10,000/- as advance and also part of sale consideration. As per the terms of the agreement, both the parties agreed to complete