JUDGMENT

KAILASAM, J.:— The unsuccessful defendants (defendants 2 to 7) in all the courts below in a suit for specific performance are the appellants by special leave before us.

2. The first defendant (4th respondent) on receipt of a sum of Rs. 1,300/- executed a sarllat in favour of the first plaintiff with condition that the first plaintiff would enter into possession of the said plot in lieu of the interest of the debt, After some time the fourth respondent gave up his residence and moved to a different place and while so doing expressed the desire that he wanted to dispose of the plot aforesaid and made a request to the plaintiff that he should purchase the same. The first plaintiff had already entered into possession and occupied the land. After sometime the 4th respondent settled with the plaintiff for the transaction of sale in respect of that plot for a sum of Rs. 1,700/- On 2-6-1964 he received a sum of Rs. 100/- as earnest money from the plaintiffs. On 3-6-1964 the 4th respondent executed an agreement for sale also in favour of the plaintiffs. As plaintiffs had to pay an additional sum of Rs. 300/- and as plaintiffs did not have that amount plaintiffs stated that they will