(Appeal filed under Clause 15 of the Letters Patent against the judgment dated 3.8.1999 in A.S.No.41 of 1986 of the learned single Judge reversing the judgment dated 9.12.1985 in O.S.No.103 of 1984, on the file of the Subordinate Judge, Villupuram.)

P.K. Misra, J.

Legal heirs of the original plaintiff are the appellants against the reversing judgment.

2. The suit was filed by one Sarangapani Gounder, the predecessor-in-interest of the present appellants for specific performance of the contract in alternative for payment of damages. The allegations in the plaint are as follows: -

Plaintiff and the first defendant entered into an agreement for the purchase of suit property by the plaintiff on 14.7.1984 in Kumarakuppam village and an agreement was executed on the same day indicating that the plaintiff should pay a sum of Rs.30,500/- out of which Rs.4,000/- would be paid as advance and the balance would be paid within two months, whereafter the sale deed should be executed by the first defendant. It was further provided that if the plaintiff fails to pay the remaining sale consideration of Rs.26,500/- within the stipulated time, he had to forego the advance of Rs.4,000/- paid a