1. This First Appeal (Appeal Suit) arises out of the judgment and decree dated 21.11.2007 made in O.S.No.15373 of 1996 on the file of the III Additional City Civil Court, Madras.

2. The averments made in the plaint are as follows:

(i) The suit property bearing Old Door No.317, New Door No.138, Thambu Chetty Street, Madras-600 001 was purchased by the second defendant under a registered sale deed dated 08.07.1965 subject to the mortgage deed in favour of Madras Purasawalkam Hindu Janopakara Saswatha Nidhi (hereinafter referred to as 'The Nidhi'). The suit property was purchased by the second defendant with the funds belonging to the first defendant and therefore, the second defendant executed a Release Deed in favour of the first defendant on 05.01.1979.

(ii) In order to discharge the various mortgages created by the second defendant and his predecessor in title, the first and second defendants have entered into a sale agreement with the plaintiffs on 09.07.1976 for Rs.4,75,000/- subject to the mortgages.

The plaintiffs should pay an additional sum of Rs.50,000/- for delivering vacant possession by the Departments of the entire building except the ground floor to the purc