S. Jagadeesan, J.

1. The legal-heirs of the defendant in O.S.No.1 16 of 1981 on the file of the First Additional Subordinate Judge, Pondicherry are the appellants herein.

2. Thepredecessor in title of the respondents herein laid the said suit for specific performance on the basis of the agreement entered into between one Subramaniam, S/o Natesa Pillai - the plaintiff with one Rajeswari - the predecessor in interest of the appellants herein on 20.11.1978. On the date of the agreement, a sum of Rs.10,000 was paid as an advance to the defendant in the suit. Subsequent to the suit agreement, the said Subramaniam, the son of the plaintiff died and hence, the plaintiff filed the suit to enforce the agreement seeking specific performance.

3. In the written statement, a plea was raised that the time is essence of the contract and there is no privity of contract between the plaintiff - the father of the said Subramaniam - the agreement holder and the defendant and as such, the suit agreement cannot be enforced.

4. Onthe above pleadings, the Subordinate Judge framed the following issues:

(i) Whether the plaintiff is entitled to the specific performance as prayed for in the plain