Ramanujam, J.- This is an appeal against the decision of the learned Subordinate Judge, Chingleput in O.S.No. 118 of 1961 dismissing the suit filed by the plaintiffs-appellants for specific performance of a contract of sale dated 9th October, 1959 for a sum of Rs. 25,300 entered into by the fourth defendant-fourth respondent for herself and on behalf of her two minor sons and a daughter, respondents 1 to 3 herein or for recovery of the amounts paid to the fourth defendant and damages.

2. The plaintiff’s case was as follows: The fourth defendant, the mother of defendants 1 to 3 for herself and as guardian of her children agreed to sell items 1 to 55 of the suit properties for a consideration of Rs. 25,000 on 9th October, 1959. The terms of that agreement, Exhibit A-1 were that the plaintiffs should discharge the defendants’ debts both secured and unsecured, out of the sale consideration that on payment of the balance of the consideration the fourth defendant will execute a sale as agreed, and that the fourth defendant had to obtain the sanction of the District Court for the sale of the suit properties on behalf of her minor children. The fourth defendant applied for sanction to the D

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