The plaintiffs in O.S. No. 89 of 2008 has preferred this appeal challenging judgment dated 23.12.2010 of the Sub Court Palakkad, by which a suit for specific performance of an agreement for sale of plaint schedule property came to be dismissed.

2. As per the point allegations, agreement covers 5 items of immovable property of which item No.1 belonged to the 1st defendant, item No.2 belonged to defendants 1 and 2 jointly, item No. 3 belonged to Smt. Beena who was the wife of the 3rd defendant. Beena died and the property had devolved on her legal heirs namely 3rd defendant and their minor children. The 3rd defendant is the legal guardian of the said minor children. Item No. 4 property was jointly owned by the 3rd defendant and his wife late Beena and on the death of Beena the said property devolved on the 3rd defendant and his minor children. Item No. 5 belonged to the 3rd defendant. The entire property is lying as a single plot having total extent of 12.775 acres. The 1st Plaintiff through 2nd plaintiff made arrangements for purchasing the said property and accordingly an agreement dated 26.03.2007 was executed between the parties. As per the terms agreed between them, the