S.S. SUBRAMANI, J.

1. This appeal is directed against the judgment and decree in Original Suit No. 116 of 1982, 20.7.1983 of the IV Additional Judge, City Civil Court, Madras. The first defendant in the suit is the appellant herein. Pending appeal, the appellant died and appellants 2 to 5 were impleaded as legal representatives as per order in C.M.P. No. 13164 of 1992 dated 30.8.1992.

2. The material allegations which are relevant are:— As per Exhibit A-12 dated 1.3.1980 deceased appellant executed an agreement for sale in favour of the respondent/plaintiff, agreeing to sell the plaint schedule property. The agreement Ex. A-12 says that the out-house situate at No. 10, Nana Rao Street, Madras will be sold for a total consideration of Rs. 60,000/-. On the date of agreement, a sum of Rs. 20,000/- was paid as advance and the balance amount of Rs. 40,000/- is to be paid within a period of six months. The plaintiff also alleged that in pursuance of the agreement for sale, he is in possession of the building. Originally, he was occupying that portion as its tenant and after the agreement, he became the owner and enjoying the same in part performance of the agreement. It is also