ORDER

The following questions are raised in this appeal :

1. Whether on the facts and circumstances of this case the High Court is right in decreeing the suit for specific performance to the extent of the share of the Appellants?

2. Whether the purported agreement of sale is one for the sale of the entire suit property and not for the sale of individual shares. Hence, whether the High Court is right in decreeing the suit only in respect of the shares of Appellants Nos. 1 to 9?

3. Whether in a suit for specific performance where alternative plea of partition is also raised, was the High Court to decree the suit for partition?

2. In order to appreciate the controversy, we are herewith giving short gist of facts.

3. The suit property is a tiled house in Erode Town which originally belong to one Aziz Khan. On his death, his heirs under the Muslim Law, viz., Appellant Nos. 1 to 9 who are brothers and Respondent Nos. 2 and 3 who are sisters inherited the said property. According to Appellants, after negotiation for the sale of the said property with Respondent No. 1, agreement of sale was purported to be executed between the Appellants