A plea of part-performance is raised for the first time in Second Appeal, when there are no pleadings to that effect, nor evidence and the appellants want to assert a right over

3.30 acres of valuable land having paid just Rs.4,000/-.

2. The defendants are the appellants. The first respondent filed O.S.No.208 of 1991 for declaration and recovery of possession from the third defendant. The third defendant expired pending the suit. His wife and children were brought on record and are the appellants in the present second appeal. The fifth appellant has since attained majority and the learned counsel for the appellant undertakes to file vakalat for her.

3. The plaint averments are as follows:

The suit property originally belonged to one Chinna Kannammal. The plaintiff purchased the property from the successors-in-interest of Chinna Kannammal and has been in possession. There was an agreement with the third defendant on 24. 1983 agreeing to purchase the property for a sum of Rs.7,920/-, after paying an advance of Rs.4000/-. When the plaintiff asked him to pay the balance, the third defendant refused to pay and asked for return of the advance. Since the contract was breac