( 1 ) THE unsuccessful plaintiffs in O. S. No. 21 of 1988 on the file of the Court of the subordinate Judge, Nuzivedu preferred in this appeal.

( 2 ) THE suit is filed for specific performance of contract of sale dated 21. 6. 1970 or in the alternative for recovery of damages of Rs. 4,08,000/- from the defendants. According to the appellants/plaintiffs the defendants are the absolute owners of the plaint schedule land and they agreed to sell the same to the plaintiffs 1 and 2 and the wife of the 3rd plaintiff under an agreement of sale dated 21. 6. 1970. The plaint averments are as follows: under the agreement dated 21. 6. 1970 the defendants agreed to sell the said land for a total sale consideration of Rs. 28,560/- at the rate of Rs. 3,500/- per acre and on the date of the agreement itself the defendants received a sum of rs. 2,500/- as advance. It was agreed between the parties that the balance of sale consideration of Rs. 26. 060/- shall be paid on or before 2. 8. 1970, failing which the amount paid as advance shall be forfeited. Thereafter, the plaintiffs paid a sum of Rs. 8,000/- on 25. 11. 1970. The defendants having acknowledged the same by way of an endorseme