( 1 ) THIS appeal by the plaintiff is preferred against the judgement and decree dated 31/10/1979 passed by learned Additional Civil Judge, Bangalore City in O. S. No. 435 of 1973.

( 2 ) RESPONDENTS 1 to 6 were defendants 1 to 6 in the suit. In this judgement, the appellant will be referred to as the plaintiff and respondents 1 to 6 will be referred to as defendants l to 6. We may also point out here itself that defendants 1 and 2 are the husband and wife and defendants 3 to 6 are their children.

( 3 ) THE trial Court has dismissed the suit for specific performance of an agreement dated 7-5-1990 executed by the defendants and also for payment of Rs. 10,000/- which according to the plaintiff was overpaid and current interest on the said sum and also for permanent injunction sought for by the plaintiff.

( 4 ) THE case of the plaintiff was that the suit schedule property belonged to the first defendant; that he was the tenant in occupation of the suit schedule property; that defendants had incurred several debts for the purpose of development of their property viz. , for putting up the first and second floor on the property adjoining to the suit schedule property; that for t