Ramesam, J.

1. This appeal arises out of a suit for specific performance. Plaintiff is the appellant before us. The facts out of which the suit arises are as follows. The suit property which consists of four-fifths share in Mudikandam Village in Trichinopoly District belonged to the family of T. Sadasiva Tawker and others who were carrying on business in Madras under the name and style of T.R. Tawker & Sons. On 11th April, 1924, the property was mortgaged by the owners to the 1st defendant (who is the firm of Chathurbuja Das Kushal Das & Sons carrying on business in Mint Street, Madras) under Ex. VI. Under this document the mortgagees have got a power of sale without the intervention of Court. T.R. Tawker & Sons having failed in their business they were adjudicated insolvents and their properties are vested in the Official Assignee of Madras, who is the 5th defendant in the case. The 2nd defendant is Kissen Das Girdar Das, a partner and the authorised agent of the 1st defendant firm. He went to Trichinopoly in May, 1927 and got a notice published proclaiming the sale, by public auction, of this and other properties. One property (not the subject of this suit) was to be sold