The first defendant has preferred the appeal challenging the judgment and decree dated 3. 1993 passed in O.S.No.388 of 1990 by the learned Subordinate Judge, Kancheepuram and pending appeal, first defendant died and his legal representatives have been added as appellants 2 to 5.

2. The first respondent herein filed the suit seeking for a judgment and decree against the defendants directing the first defendant to specifically perform the suit sale agreement in favour of the plaintiff by executing and registering a sale deed in respect of the entire suit property or such portion as determined by the Court by receiving the balance of sale consideration or such portion as determined by the Court and after discharging all the dues over the suit property and on failure to do so, the same may be performed through the process of the Court and also for directing the delivery of possession of the suit property and in the event of the Court refusing the specific performance of the contract, in the alternative, to pass a decree against the first defendant to return the advance amount of Rs.55,600/-with interest at 24% per annum from 30.5.1990 for the use and enjoyment of the plaint