JUDGMENT

Suit for specific performance or for the alternate relief to refund the advance amount of Rs.20,50,000/- and costs.

2. The suit property owned by the first defendant Elumalai, who purchased the property on 25.03.2011, under a registered sale deed. He entered into an unregistered sale agreement with the plaintiff, Sivakumar on 01.03.2017. The sale consideration was fixed as Rs.23,00,000/- and advance of Rs.20,50,000/- paid on the date of the sale agreement. The parties agreed to complete the transaction within a period of eight months.

3. The plaintiff was ready to tender the balance sale consideration of Rs.2,50,000/- and willing to perform his part of contract. He requested the defendant to receive the balance sale consideration and execute the sale deed. The defendant was evasive. Later, the plaintiff came to know that the first defendant in order to fraud him had entered into a power of attorney in favour of the second defendant, Dhatchnamurthy and Elumalai entered as an agent of the first defendant and created a sale agreement on 27.06.2017 in favour of the third defendant, Dhandapani, immediately he rushed to the Court for the above said relief. The first defendant, owne