Appellant is the plaintiff, a Muslim Religious Society of Coimbatore, represented by its President and Secretary. The suit which the learned Subordinate Judge of Coimbatore dismissed with costs, was laid for the specific performance of a contract Exhibit A-1, dated 15th December, 1946, against the 1st defendant by which he agreed to convey to the plaintiff the suit property for Rs. 7,300. It is common ground that the society paid the 1st defendant a sum of Rs. 1,000 that day. The suit was filed on 16th October, 1947. It was. dismissed mainly on a finding that the suit agreement had been materially altered by the top and bottom portion of it, which contained a material recital on the reverse being scissored off. This is said to have contained a recital which made time given for completion, which was 30 days, the essence of the contract.

The suit property, 49 cents in extent on which there was a rice mill and a residential house originally belonged to one Hussain Sahib, the late husband of Fatima Beebi the 4th defendant. Hussain Sahib became indebted to a local Nidhi who got a decree and brought the property to sale in execution in 1938. The 4th defendant, who was in residenc