(Appeals filed against the judgment and decree of the learned single Judge dated 25.7.2002 in C.S.No.180 of 1990.)

Common Judgment: (P.K. Misra, J.)

O.S.A.No.401 of 2002 has been filed by the first defendant in C.S.No.180 of 1990 against the part of the decree directing him to pay a sum of Rs.4,13,300/-. On the other hand, the plaintiffs have filed the connected O.S.A.No.128 of 2005 against the refusal of the learned single Judge in granting a decree for specific performance of the contract. Both the appeals have been heard together.

For convenience, parties are referred to as they are described in C.S.No.180 of 1990.

2. The plaintiffs had made the following averments:-

Three plaintiffs are brothers, being the son of one A. Narayanaswami. Defendants 2 to 8 are the children of the first defendant. The first defendant entered into an agreement dated 13.5.1981 mainly with the plaintiffs and their mother and one S. Padmanabhan. First defendant’s wife and children were also shown as partners. The agreement was to sell the property situate at Nos.15, 16 & 17, Wallers Road for a consideration of Rs.13,00,000/-. First defendant received an advance of Rs.2 lakhs from the plaintiffs