S. Sankarasubban, J.

1. The above appeal is filed against the judgment and decree in O. S. No. 505 of 1981 on the file of the Sub Court, Thiruvananthapuram. Defendants 1 to 3 are the appellants and the plaintiff is the respondent. The suit was filed by the plaintiff for specific performance of an agreement to sell the plaint schedule property, which is 19 cents in extent with building thereon in Sy. No. 947 of Vanchiyoor Village.

2. In the suit, there were five defendants. Defendants 4 and 5 are not parties to this appeal. First defendant Devaki Amma Balambika Devi is the wife of fifth defendant and defendants 2 to 4 are the daughters of defendants 1 and 5, fourth defendant being minor. The averments in the plaint are as follows:

3. 15 cents out of the 19 cents of the plaint schedule property were obtained by defendants 1 to 3 as per partition deed No. 1598 of 1973. Fourth defendant was born subsequent to the partition and hence, she is entitled to share in the 15 cents. The balance four cents belong to the first defendant on the death of one Narayana Pillai and Devaki Amma. According to the plaintiff, defendants 1 to 3 and 5 agreed to sell the plaint schedule property to the plaintiff or his nominee and executed an agreement for the above purpose on 13.9.1980 in favour of the plaintiff. It was agreed that the plaintiff shall purchase and the defendants shall sell the plaint schedule property for a total consideration of Rs. 5,05,000/- and an amount of Rs. 10,000/- was received by the defendants as advance. Para.6 of the plaint gives the details of the agreement.

4. Plaintiff was always ready and willing to perform his part of the agreement ever since the date of the agreement. But there was a condition in the agreement that the defendants should get the permission from the civil court for sale of the minor's share in the plaint schedule property. Even though petition was filed, so far permission has not been obtained. The permission was not obtained within three months, which was the time fixed in the agreement for sale. Subsequently, extension was granted. Accordingly, before the expiry of the said period of two months, several requests were made to the defendants to perform their part of the contract. Defendants have not obtained permission from the court within the extended period. According to the plaintiff, the defendants purposefully delayed in obtaining the permission in order to defeat the plaintiff. Plaintiff sent a letter to the fifth defendant requesting to execute the sale deed at least with regard to the share of defendant 1 to 3 on receiving the proportionate sale consideration and to execute the sale deed regarding the minor's share after getting permission from the court. The fifth defendant replied to it. Plaintiff had done substantial acts as per the agreement and subsequently, an amount of Rs. 5,00,000/- was deposited in the name of the plaintiff and his wife and children in fixed deposit No. 28517-57-81 in the Federal Bank Limited, Palayam Branch. Plaintiff has suffered loss by the sale deed not being executed in time and the loss was assessed as Rs. 1,00,000/-. finally, the plaintiff issued a registered notice through his advocate demanding the defendants to execute the sale deed. Defendants replied it by saying that the sale deed can be executed after obtaining permission from the court.

5. During the pendency of the suit, O. P. (Guardian and Ward) 160 of 1980 filed by the fifth defendant in the District Court seeking permission to sell the minor's share was dismissed. Hence, Para.15A was added to the plaint. Plaintiff prayed for a decree of specific performance after depositing Rs. 4,95,000/-. Plaintiff also prayed that in case the specific performance of the entire agreement cannot be ordered, he may be allowed to get the sale deed executed through court for part of the agreement and for other reliefs.

6. Written statements were filed by defendants 1, 2, 3 and 5. Defendants 1 and 2 filed written stat