M.CHOCKALINGAM, J.

The first defendant is the appellant herein.

2. This appeal has arisen from the judgment and decree of the learned Subordinate Judge, Erode granting a decree for specific performance in favour of the first respondent/plaintiff.

3. The case of the plaintiff as set out in the plaint is as follows:

The 2nd defendant is the only son of the 1st defendant, and they are members of Hindu joint family. The suit survey field is the ancestral property of the defendants 1 and 2, who are in possession and enjoyment of the suit property. On 9.12.1980, a written agreement for sale was executed by the defendants 1 and 2 agreeing to sell half share in the suit property for Rs.45,000/- to the plaintiff. The plaintiff paid an advance of Rs.7,500/-. Since the sale transaction could not be completed, another agreement of sale was made on 2.6.1981, and it was also registered. The said advance amount was taken over as part of the advance for the agreement dated 2.6.1981. The defendants 1 and 2 received another sum of Rs.3,500/- as additional advance, making in all Rs.11,000/- as advance. As per the agreement, the plaintiff is to pay Rs.34,000/- being the balance of sale consid