Radhakrishnan, J.

Plaintiff is the appellant. Suit was instituted for specific performance of an agreement dated 5.2.1978 by which an extent of 7 acres and 92 cents of property was agreed to be sold to plaintiff by defendants 1 and 4. Trial court decreed suit as against defendants 1,2 and 4 and directed execution of a sale deed regarding the suit property so far as their shares are concerned. It was ordered that the plaintiff need only to pay 3/4th of the price agreed for the suit property as defendants 1, 2 and 4 are competent to covey only 3/4th of the total extent available. As far as third defendant is concerned no relief was granted. First defendant took up the matter in appeal, A.S.224/87. Appeal was allowed and judgment of the trial court was set aside. Decree was granted to the plaintiff as against defendants 1, 2 and 4 for return of the amount paid by the plaintiff with 12% interest per annum from the respective dates of payment till realization. Aggrieved by the same the plaintiff has come up with this AFA.

2. Counsel on either side argued elaborately with regard to the validity or otherwise of Ext.A2 agreement dated 5.2.1978. Both the trial court as well as lea