JUDGMENT. -The fifth defendant is the appellant. The first respondent filed the suit for specific performance of contract of sale executed by one Ayyakannu Gounder and defendants 1 and 2, who are the sons of Ayyakannu Gounder The contract of sale is dated 23rd April, 1970, under which Ayyakannu and his two sons agreed to sell the property to the plaintiff for a sum of Rs. 4,500 and received a sum of Rs. 2,500 as an advance. The balance of Rs. 2,000 was agreed to be paid within a period of one year. The plaintiff further stated that in pursuance of the agreement of sale the plaintiff was. put in possession of the suit property and that he was in possession on the date of the suit and had raised groundnut crops thereon. The suit itself was filed on 18th December, 1970. Since by that time Ayyakannu had died, the suit was originally filed against defendants 1 to 4, who are the sons, daughter and wife of the said Ayyakannu. The plaintiff had made the usual averments In the plaint that in pursuance of the agreement to sell he was ready and willing to pay the balance of consideration and in fact he tendered the money ; but the defendants would not execute the sale deed. The plaintiff also

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