This batch of four appeals arises out of four suits which were tried and disposed of by a common judgment by (he learned Subordinate Judge Thanjavur. Appeal No. 199 of 1962 is against the decision in O.S. No. 29 of 1960, the evidence in which, by consent of parties, Was treated as evidence in the other suits. It will be therefore convenient to refer to the rank of the parties and the controversy in that suit, as the decision therein has to simply follow in the other three appeals.

The appellant in A.S. No. 199 of 1962 (hereafter referred to as the appellant) filed the suit O.S. No. 29 of 1960, claiming specific performance of an agreement of sale of the suit properties, of an extent of about 1½ velis, situate in the village Mela Uthamanallur, Tanjore Taluk. The plaintiff’s brother is the 1st defendant and the latter’s wife is the 2nd defendant. Minor defendants 3 to 5 are the children of defendants 1 and 2. Ammani Ammal, the 6th defendant, to whom the suit properties belonged died pending suit and on her death, her only daughter and legal representative was impleaded as the 7th defendant. The plaintiff’s case was that in Avani 1956, an agreement was entered into betwee