K.M. NATARAJAN, J.

1. The unsuccessful defendants 1 to 7 are the appellants. The first respondent/plaintiff filed a suit for specific performance of the agreement of sale or in the alternative for return of the advance money.

2. The case of the first respondent/plaintiff as disclosed in the plaint can be briefly stated as follows:— The first defendant is the owner of the suit property and defendants 2 to 6 are his sons. The seventh defendant is the subsequent purchaser from the defendants 1 to 6 and defendants 8 to

10 are the tenants of the suit property. The first defendant borrowed a sum of Rs. 35,500/- from the plaintiff under a registered mortgage deed dated 19-1-1980, mortgaging the plaint schedule property for repayment of the said loan. On the same day, the first defendant and the plaintiff entered into an agreement, under which it was agreed that the plaintiff has to collect the rent from the defendants 8 and 9 and the same has to be adjusted towards interest payable under the mortgage. The plaintiff also lent a sum of Rs. 700/- under a promissory note dared 15-7-1980 to the first defendant. The first defendant negotiated for the sale of the plaint schedule proper