( 1 ) THE legal representative of the plaintiff is the appellant. The suit for specific performance along with declaration that a sale subsequent to the agreement of sale in favour of the plaintiff is not. Binding, was decreed by the trial court. On appeal therefrom, the first appellate court allowed the appeal and dismissed the suit. On the death of the plaintiff pendente lite, the legal representative of the plaintiff has been brought on record and the l. r. is now before this court questioning the judgment of the first appellate court.

( 2 ) THE brief facts that gave rise to the second appeal are that the suit properties belong to the 1st defendant. He has leased out the northern front portion and upper storey of the second part of the suit house No. 1990 to one Sri bandu ganesh sripannavar. The plaintiff is in possession of the remaining southern two parts and ground floor of the second part as tenant. He is also in possession and wahiwat of water tap, latrine and open site and the well in cts No. 2629. The 1st defendant agreed to sell the suit properties to the plaintiff for a sum of Rs. 25,000/- and executed the agreement deed dated 15-9-1965. The 1st de