JUDGMENT

B.P. Jeevan Reddy, J.-Defendants 1 to 4 are the appellants. The respondent s suit for specific performance has been decreed in appeal by the Madras High Court. The Trial Court had denied specific performance but had directed refund of the earnest money paid by the plaintiff. The fourth defendant is the purchaser of the suit property from Defendants 1 to 3 after the decree of the Trial Court. He was impleaded as a respondent in the appeal.

2. On 15th December, 1978, an agreement of sale was entered into between Defendants 1 to 3 and the plaintiff whereunder they agreed to sell and purchase the suit house for a consideration of Rs. 60,000/-. The relevant recitals of the agreement read as follows :

".....has been agreed to be sold by the first party in favour of the second party for the sale consideration of Rs. 60000 (Rupees Sixty Thousand only) within a period of six months from this date and in this regard from and out of the aforesaid sale amount a portion of the same being Rs. 5000/- has been obtained this day as advance amount with interest, by the first party from the second party. Further it had been stipulated that within the aforesaid period of six months the second pa