( 1 ) THE plaintiff has preferred this appeal. He filed before the lower court in his bid for securing performance of an agreement of sale executed in his favour by the first defendant. He has now filed C. M. P. No. 1831 of 1974 to amend the plaint seeking performance of the agreement by the first defendant-respondent to the extent of the land to which he is entitled to with the stipulated price of Rs. 6,300. 00 per acre, in case he is unable to perform the whole of the agreement and for refund of the amount paid in excess to him, or in the alternative for refund of the entire amount of Rs. 15,000. 00 with interest at 5% per annum.

( 2 ) THE plaintiff alleges: The agreement is Ex. A-1 dated 27/01/1969 and is in respect of Ac. 5-10 cents. The first defendant (respondent No. 1) alone executed this agreement agreeing to sell the aforesaid land at the rate of Rs. 6,300/- per acre. The sale was to be completed by the end of May of that year after measuring the land. The transaction purports to have been entered into by the first defendant to discharge his antecedent debts and for acquiring other properties. The second defendant is his major son and both of them constit