D. Raju, J.

.1. The above appeal has been filed under Clause 15 of the Letters Patent against the judgment of the learned single Judge of this Court dated,111. 1991 in A.S. No. 1271 of 1980 and cross objections filed therein, whereunder the learned single Judge has not only dismissed the appeal filed by the defendants in O.S. No. 85 of 1979 on the file of Sub Court, Chengalpattu, but has also allowed the cross objections filed by the plaintiff, wherein he challenged the decree passed by the learned trial judge in respect of the disallowed portion of the relief claimed.

2. The plaintiff has entered into an agreement of sale dated 26. 1971 with the defendants, whereunder the defendants have agree to sell the one item of the suit properties to the plaintiff for a sum of Rs.9000. Since the same was not sufficient to wipe of all the debts and liabilities, on 18. 1973 the defendants executed and registered this agreement of sale of all the five items for Rs.27,000. The property originally belonged to Kanniappa Mudaliar, who mortgaged the same to Adambakkam Janopakara Saswadha Nidhi Ltd., Alandur. He died in 1964 and the defendants are his heirs, the 1st defendant being the