2.1. The above appeal is directed against the judgment and decree dated 3.3.2000 in Appeal No.773 of 1985 reversing the judgment and decree in O.S. No.1111 of 1979, dated 6.5.1985 of the learned Subordinate Judge, Coimbatore, for specific performance of an agreement dated 2.4.1976.

2.2. For the purpose of convenience, the parties are arrayed as per their rank in the suit. The appellant is the plaintiff in the suit.

3.1. The plaintiff laid O.S. No.1111 of 1979 for specific performance of an agreement of sale dated 2.4.1976, alleging that he entered into the said agreement with the defendant and his son one Palanimuthu for sale consideration of Rs.80,000 and paid a sum of Rs.6,000 on 2.4.1976 and agreed to pay the balance of Rs.74,000 at the time of registration of the sale deed.

3.2. Admittedly, on the date of agreement, viz., 2.4.1976, a Second Appeal No.1606 of 1973 was pending with regard to the suit property against the judgment and decree in O.S. No.364 of 1953 on the file of the learned Subordinate Judge, Coimbatore, between the defendant and his son palanimuthu. Subsequently, the said Palanimuthu got an assignment of the suit property in the s