1. This petition is filed under S.5 of the Limitation Act to condone the delay of 1026 days in filing the above appeal in this Court. (In the CMP., the delay is wrongly stated to be of 1018 days). The facts that led to the filing of this petition are as follows: Ist defendant in O.S. 170 of 1977 is the appellant in the appeal and the petitioner in CMP. No. 5449/1982. Originally, the suit was filed by the plaintiff, in forma pauperis for specific performance of an agreement dated 30-5-1972 executed by the 1st defendant as modified by subsequent agreements dated 2-6-1972 and 30-9-1972 agreeing to sell 100 acres of land for Rs.70,000/- in Sy. No. 1/1 Puthupadi Amsom. In the alternative, plaintiff prayed for recovery of a sum of Rs 1,15.001/-as damages for breach of contract from the defendants jointly, in the suit. The plaintiff was given possession of the entire property. He cleared wild-growths, constructed roads and obtained forest pass to cut and remove timber from 50 out of 100 acres. He entered into an agreement with a stranger to sell timber trees. On 15-10-1972 the plaintiff entered into an agreement with defendants 2 to 5 and granted permission to use and occupy 2