JUDGEMENT

This second appeal arises out of a suit for specific performance. The plaintiff is the appellant herein. A sale agreement dated 23.11.1994 was executed by one Thiru.Manian and his wife Ambigai Ammal to sell the property comprised in S.F No.371/2 measuring 2 acres and 90 cents in Gundur Village, Trichirappalli Taluk in favour of the appellant for a consideration of Rs.92,800/-. The appellant paid a sum of Rs.29,000/- as advance and the balance consideration of Rs.63,800/- was to be paid at the time of registration of the sale deed. The period fixed for completion of the transaction was four months from the date of agreement.

2.The appellant issued legal notice dated 08.03.1995 alleging that Manian and his wife had entered into the agreement dated 23.11.1994 without making any disclosure about the pendency of O.S.No.638 of 1991 filed by one Chinnammal and Paranthaman in respect of the suit property against them. He called upon them to satisfy him about their title to the property forthwith ; on hearing the same from them, he would be ready and willing to purchase. A reply dated 16.03.1995 was issued in which Manian and his wife reiterated their willingness to conclude the agr