1. Unsuccessful plaintiff is in appeal against judgment in R.A.No.128/2004 reversing the finding of the Trial Court in O.S.No.428/96 and dismissing the suit declining to grant decree for specific performance.

2. The appeal has been admitted to consider the following questions of law:

"1) Whether the judgment and decree of the Appellate Court is sustainable as respondent no.4, who was an appellant no.4 in the appeal died during pendency of the appeal and her LRs were not brought on record?

2) Whether the Appellate Court was right in holding mere acceptance of having signed the Ex.P.1 in blank is not enough proof to decree the suit for specific performance?

3) Whether the Appellate Court was right in placing burden of proof of Ex.P1 on the plaintiff when the defendant has admitted the signature appearing therein?

3. After admission of the appeal, learned counsel on both sides plead for expeditious disposal and hence the appeal is taken up for final disposal.

4. I have heard both sides substantially and perused the records, from which following facts manifest:

a) Appellant/Plaintiff filed a suit in O.S.No.428/1996 seeking a decree to direct the respondents 1 to 4 to execute an agreem