VENKATADRI, J. :- This Letters Patent Appeal is. preferred by the first defendant against the judgment of Ramakrishnan, J. modifying the decree of the trial judge and directing the first defendant to execute a sale deed in favour of the plaintiff in respect of item 1 of the plaint schedule properties on receipt of Rs. 4750 in pursuance of the agreement to sell items 1 and 2 of the plaint schedule to the plaintiff. One Loganatha Mudaliar was the original owner of these two Items of properties. He purchased item 1 in his name and item 2 in the name of his wife Rathnammal. He had two sons, the first defendant and the husband of the second defendant, his wife died in the year 1947 and he died in the year 1955. It was alleged in the plaint that the defendants in the suit entered into an oral agreement on 7-3-1957 to convey the two suit items for Rs. 5750 and subsequently an agreement of sale was executed by both the defendants and a sum of Rs. 1000/- as paid as advance. According to the terms of the agreement the sale had to be completed within three months failing which the defendants had to pay to the plaintiff a sum of Rs. 5000 as and for damages to the plaintiff. Before the