This second appeal arises out of the concurrent Judgment and Decree of the Courts below :- Judgment and Decree, dated 11.12.1997, made in A.S.No.19/1995, on the file of the Principal District Judge, Chingleput, confirming the Judgment and Decree dated, 30.06.1994 made in O.S.No.166 /1988 on the file of the Subordinate Judge, Kancheepuram.

2.The facts relating to the second appeal could be briefly stated thus:-

O.S.No.106/1988 :-

The suit property was originally owned by one Devathi Munirathina Chetty, father of Defendants 1 to 4. D-5 is the son of D-1. Offering to sell the suit property to the Plaintiff for Rs.23,000/-, D-1 to D-4 have executed an Agreement of Sale on 15.07.1984 in favour of the Plaintiff (Ex.A-1). Under the said agreement, Defendants 1 to 4 have received an advance of Rs.20,101/- and agreed to receive the balance and execute the Sale Deed. On 28.11.1984, D-1 received a sum of Rs.8,000/- from the Plaintiff for himself and onbehalf of the Defendants 2 to 4 and made Ex.A-2 endorsement on the agreement. On 29.01.1985, the third Defendant had received a sum of Rs.10,000/- for himself and onbehalf of his brothers and made Ex.A-3 Endorsement. D-5 son of D-1 had