JUDGMENT

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal arises from the final judgment and order dated 21.04.2004 passed by the High Court of Judicature at Madras in L.P.A. No.32 of 2000 whereby the Division Bench of the High Court dismissed the appeal and affirmed the judgment and decree dated 30.10.1998 passed by the Single Judge of the High Court in A.S. No.630 of 1984.

3. The facts of the case lie in a narrow compass and it would be clear from the facts stated hereinbelow.

4. The appellants are the plaintiffs whereas the respondents are the defendants in the civil suit out of which this appeal arises.

5. The appellants filed a civil suit against the respondents for specific performance of the agreement. The respondents filed their written statement and denied the material averments of the appellants’ claim set up in the plaint. The Trial Court on the basis of pleadings framed the issues. Parties adduced their evidence. By Judgment/decree dated 03.07.1984, the Trial Court decreed the appellants’ suit.

6. The respondents felt aggrieved and filed appeal before the Single Bench of the High Court. By judgment/decree dated 30.10.1998, the Single Judge allowed the respondents’ a