K.M. NATARAJAN, J.

The unsuccessful plaintiff in O.S. No. 739 of 1980 on the file of the Subordinate Judge, Coimbatore has preferred this appeal. The plaintiff died and his legal representatives are added. The first defendant died and his legal representatives are added.

2. The case of the plaintiff as disclosed from the plaint is briefly as follows : The defendants are the owners of the suit properties described in the plaint schedule. They entered into an agreement of sale on 22-2-1979 in respect of the suit properties with the plaintiff and one C. Y. Mohammed Ali. As per the terms of the said agreement, they agreed to sell the land measuring 2 acres 41 cents for Rs. 1, 05, 000/- to the plaintiff and the said C. Y. Mohammed Ali and received an advance of Rs. 5, 000/- on the date of the agreement and further agreed to receive another sum of Rs. 5, 000/- within 30 days from the date of agreement. The plaintiff paid a further sum of Rs. 5, 000/- within 30 days and obtained an endorsement in the agreement itself. In all the plaintiff paid Rs. 10, 000/-. It is further stated that the plaintiff after taking delivery of possession of the properties, divided the same into house