S.Jagadeesan, J: The appellants are the plaintiffs in C.S. No.509 of 1979 on the file of this Court. They filed the said suit against the respondents herein seeking a decree for specific performance of an agreement dated 17.2.1978 whereunder the respondents had agreed to sell the suit property to the appellants for a sum of Rs.2,75,000 and received a sum of Rs.25,000 by way of advance. As per the terms of the agreement, the sale is to be completed within six months from the date of intimation of the approval of the title by the appellants’ counsel. The further condition is that the sale should be free of all encumbrances. To get the approval of the appellants’ counsel. The further condition is that the sale should be free of all encumbrances. To get the approval of the appellants’ counsel, the respondents have to furnish the original title deeds to the appellants. The respondents did not comply with the condition of furnishing the original title deeds and not only avoided the compliance of the agreement; but also entered into a long term lease in respect of the other tenants in the suit property.

2. This necessitated the appellants to file the suit O.S. No.6584 of 1978 on the file o

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