JUDGMENT

This appeal has been preferred challenging the judgment and decree of the learned V Additional District Judge, Madurai, dated 11.12.2107 made in O.S.No.99 of

2011.

2.The appellants are the defendants; the plaintiff has filed the suit for specific per- formance, declaration and permanent injunction; the suit property belonged to the first defendant and he agreed to sell the same to the plaintiff for a sum of Rs. 10,00,000/- and received an advance amount of Rs.6,50,000/- by way of cash on the date of the agreement itself and entered into an agreement for sale on 14.04.2010; the time for performance of the contract was one year; at the time when the advance money was received, the first defendant handed over the vacant possession of the suit property; the plaintiff was ready and willing to perform his part of contract; he was in possession and enjoyment of the suit property but the first defendant was evading to perform his part of contract, despite the plaintiff called upon him to get the balance sale consideration of Rs.3,50,000/- and execute the sale deed; plaintiff send legal notice on 14.02.2011 to the first defendant; the first defendant received the legal notice and sent