JUDGMENT

This Appeal Suit has been preferred as against the decree and judgment passed in O.S.No.49 of 2004 on the file of the Principal District Judge, Tuticorin, dated 28.06.2012, wherein the first respondent herein has filed a suit for specific performance of contract and the same was decreed in favour of the plaintiff. As against the decree and judgment, the present Appeal Suit has been preferred by the defendants.

2. For the sake of convenience and brevity, the parties herein after will be referred to as per their status / ranking in the Trial Court.

3. The case of the plaintiff is that the first defendant is the husband of the second defendant and the suit properties originally belonged to the defendants 1 and 2 and they entered into agreement with the plaintiff on 16.08.1996 to sell the properties for Rs.11,00,000/- and on the date of agreement itself, the entire amount was paid and four months time was fixed for execution of sale. After completion of four months, the defendants evaded from executing the sale deed and thereby, the plaintiff issued notice, dated 18.03.1997 and the same was received by the defendants and after receipt of notice, the defendants issued reply by sta