Venkatarama Ayyar, J.-The plaintiff is the appellant. He filed O. S. No. 35 of 1946 on the file of the Court of the Subordinate Judge of Mathurai for specific performance of an agreement to sell certain immoveable properties by defendants 1 to 3. Defendants 1 and 2 are brothers and members of a joint family and the first defendant is its manager. The 3rd defendant is the mother of defendants I and 2. The properties which are the subject-matter of the agreement are two godowns in Mathurai. Under Exhibit P-3, dated 30th June, 1937, the defendants had executed a usufructuary mortgage over those properties in favour of one Somasundara Nadar for Rs. 8,000 and a period of ten years was fixed for redemption. On 20th March, 1943, the defendants entered into agreement with the plaintiff, Exhibit P-4 which is the subject-matter of the present suit. Under Exhibit P-4 they agreed to sell the two godowns to the plaintiff for a consideration of Rs. 13,500. A sum of Rs. 750 was paid as advance. Deducting Rs. 8,000 which had to be paid for the redemption of the usufructuary mortgage, Exhibit P-3, the balance of Rs. 4,750 was to be paid at the time of the registration of the document and the transa

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