THANGAMANI, J.

Appeal against the judgement and decree of learned Subordinate Judge of Salem in O.S. No. 124 of 1981 on his file.

2. The appellants are defendants 4 and 5 in the trial Court. Respondents-plaintiffs instituted the suit for specific performance against the appellants and three others alleging that on 27-8-1980 defendants 1 to 3 entered into Ex. A1 sale agreement with them undertaking to sell the suit properties for Rs. 52, 500/-. they received a portion of the sale price of Rs. 20, 000/- as advance and agreed to receive the balance of Rs. 32, 500/- within a period of 51/2 months from that date and to execute the sale deed in favour of the plaintiffs. On 16-11-1980 which corresponds the 1st of Tamil month Karthigai the plaintiffs were put in possession of the properties as agreed and since then they are in actual enjoyment of them. Appellants were aware of Ex.A-1 agreement as well as handing over possession of the properties to the plaintiffs by defendants 1 to

3. Since defendants 1 to 3 were postponing the execution of the sale deed, the plaintiffs convened panchayat thrice. The last panchayat took place at the house of Village Munsiff of Konnayar on 1-1-1