Chitambaresh, J.

The court below has again decreed the suit for specific performance pursuant to the order of remand in A.S. No. 24/2000 by this court and the first defendant has come up in appeal. A quarter century has elapsed since the execution of the agreement for sale and the matter has to be given a quietus one way or the other. We heard Mr. T.O. Xavier, Advocate on behalf of the appellant and Mr. V.V. Asokan, Senior Advocate and Mr. K.C. Eldho, Advocate on behalf of the respondents.

2. The subject matter of the suit is a shop room bearing Door No.38/941 with rights over the common staircase, water tank etc. in the ground floor of a three storied building. The building houses many shop rooms on a land purchased in the name of defendants 1 to 3 (under sale deed No.3039/1982) by their maternal grandfather. It appears that their father constructed the building with an intention that each floor should go to defendants 1 to 3 separately. Ext.A4 agreement was later executed with a 'declaration' that the ground, first and second floor would belong to defendants 1, 2 and 3 respectively. The third defendant being a minor was represented by her father as the guardian in Ext.A4