(1.) The plaintiff / appellant has filed the second appeal as against the concurrent dismissal of his suit for specific performance, raising the substantial
(2.) The plaintiff filed the suit for specific performance seeking to enforce the sale agreement, dated 14.07.1989, for a sum of Rs.47,000/- in respect of the suit property measuring an extent of 1.50 acres in R.S.No.320/A, situated at Ichipatti Village, Palladam Taluk. The first defendant executed the sale agreement on the premise that he is the owner of the property. The sale agreement did not specifically state whether the sale agreement was executed on behalf of and for the benefit of the minors also. The first defendant, even though received a sum of Rs.6,000/- as advance, failed to execute the sale deed and that compelled the plaintiff / appellant to file the suit, after issuing the suit notice.
(3.) The suit claim was resisted by the first defendant on the following contentions: