Plaintiff in O.S.No.94 of 1979, on the file of Subordinate Judge, Karur, is the appellant.

2. Suit properties which are two shop rooms originally belonged to one Syed Ahamad Sahib, and on his death the properties devolved on his son Syed Gulam Rasool Sahib and two daughters Isathunnissa Begum (5th defendant) and Sathunnissa Begum. A partition was effected between the legal heirs of the original acquirer, and the suit properties were allotted to the two daughters. Sathunnissa Begum died, and her share in the property has devolved on defendants 1 to 4. 1st defendant is the husband of Sathunnissa Begum. Defendants 2 and 3 are the sons and fourth defendant is the daughter of Sathunnissa Begum.

3. Plaintiff came to know that the schedule shop rooms are for sale, and sometime during the third week of October, 1978, along with one broker Murugavel, he contacted defendants 1 and 5. They informed the plaintiff that they were willing to sell the suit properties and they further represented that defendants 2 to 4 also may not have any objection for the sale at a price fixed by them. With a view to ascertain the views of defendants 2 to 4, plaintiff and the broker approached each o