Judgment

M. Jagannadha Rao, J.-The appellant is the plaintiff. He filed the suit O.S. No. 50 of 1985 for specific performance of an agreement of sale of house property located at Shimoga, Karnataka State executed in his favour. He succeeded in the trial Court but on appeal by the Vendors-defendants, the Judgment of the trial Court was set aside by the High Court and the suit was dismissed. Against the said Judgment of the High Court, this appeal was preferred.

2. The case of the appellant in the suit filed on the file of the Civil Judge, Shimoga was as follows : The defendants 1 to 3 are three brothers and are joint owners of the house at Shimoga. The 1st defend­ant who was a Professor was working at Delhi (now retired); the 2nd defendant was at Madras and the third defendant was at Bangalore. The defendants No. 2 and 3 gave powers-of-attorney to the 1st defendant. There were consultations between plaintiff and the 1st defendant which started in 1983 by way telephone calls and letters and after the negotiations reached a final stage’ the 1st defendant wanted the plaintiff to come to Delhi “for finalising” the proposals. The plain­tiff took along with him, one Mr. R.K. Kalyankar (PW 2