JUDGMENT

Shiva Kirti Singh, J. - The original plaintiff, C S Benjamin (Respondent No. 11) is now dead and is represented by his three daughters (for the sake of convenience they are being described as plaintiff). Respondent No. 1-M/s. Gajaraj & Co. was the original landlord of the suit property and as per its party position in the plaint it is being described as first defendant. The appellant (respondent No. 11 in High Court) is auction purchaser of the property in a court auction in an earlier suit filed by second defendant-respondent No. 2- Srinivasa Perumal Financing Corporation against first defendant for recovery of money from first defendant who had mortgaged substantial part of suit land, about 38 cents to the second respondent for the said money due.

2. The instant suit was filed by the plaintiff as OS No. 1538 of 1980 in the court of Third Additional Subordinate Judge, Coimbatore for specific performance of an agreement for sale dated 27.5.1978, on the allegation that the land owner, the first defendant was acting against law in refuting the agreement and not executing the sale deed in favour of the plaintiff. The suit was dismissed by the judgment dated 30.4.1991. But plain