JUDGMENT

G.P. Mathur, J.-This appeal by special leave has been preferred by the defendants against the judgment and order dated 17.3.1997 of High Court of Karnataka by which the Regular First Appeal preferred by the plaintiff was allowed and case was remanded to the trial court with certain directions.

2. In order to understand the controversy involved it is necessary to set out the facts which are little involved.

(i) The appellant No. 6 to 10 are sons and daughters of Shri M.G. Dayal and they were owners of the suit property (residential building at Jayanagar, Bangalore). They executed an agreement to sell the suit property in favour of Dr. G. Gopalakrishna (plaintiff/respondent No.1) on 5.12.1974 for a consideration of Rs. 1,42,500/- and received Rs. 42,500/- by way of advance. The respondent No.1 was also put in possession of the ground floor of the property.

(ii) The respondent No.1 issued a legal notice rescinding the contract and claimed refund of the advance amount paid by him. On 7.11.1977 he filed OS No. 801 of 1977 (subsequently renumbered as OS No. 1891 of 1980) against the appellant Nos. 6 to 10 (owners of the property) claiming the amo