ORDER: This appeal is directed against the judgment and decree dated 26.7.1984 in O.S.No.2066 of 1961 on the file of the City Civil Court, Chennai. The suit is for specific performance. The defendants in the suit are the first and the second appellants and the plaintiff in the suit is the respondent. During the pendency of the appeal, the second appellant died and his legal representatives are impleaded as appellants 3 to 6 in the appeal.

2. The plaint averments are that the mother of the defendants, by name, late R.K.Chengammal, was the owner of the house property bearing door No.28 (New.No.47), Ganga Nagar, Chennai-24 (hereinafter referred to as “the suit property”) and when the owner expressed her intention to sell the suit property, the plaintiff agreed to purchase the same. In pursuance of the negotiations between the parties, late R.K.Chengammal entered into an agreement of sale dated 26.1.1977, with the plaintiff agreeing to sell the suit property to the plaintiff for a consideration of Rs.51,000 (Rupees fifty one thousand only), without any encumbrance and the plaintiff has paid an advance amount of Rs.5,000 to late R.K.Chengammal at the time of execution of the agreement of

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