S.S. Subramani, J.

1. This case had been placed before Full Bench pursuant to reference order dated 12. 1997.

2. Respondent herein filed a suit for specific performance of contract as C.S.No.130 of 1981 and a learned Judge of this court passed decree directing appellants to execute sale deed as per decree dated 13. 1991.

3. Aggrieved by the judgment, defendants preferred the appeal and one of the questions that was raised before Division Bench was that whether the agreement is enforceable ? The contention was that since defendants are holding more than the ceiling limits under Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978. Whether an agreement executed by them, could be enforced and will it not contravene the provisions of Tamil Nadu Urban Land (Ceiling and Regulations) Act, 1978 ?.

4. In Mariamma Varghese v.K.V.Balasubramaniam & 11 others, 1994 (1) L.W.391 the Division Bench held thus,

"Apart from the finding of the court below which non-suited the plaintiff mainly on the ground that the agreement of sale was cancelled by the original agreement holders, there is another impediment, legal in nature, which comes in the way of enforcing the agreement of s