Thangamani, J.

The appellant is the plaintiff before the trial Court. He instituted the suit for specific performance on the basis of Ex.A-1 the agreement dated 16.1.1973 entered with Manicka Naicker the first defendant (since deceased). His case is that he is carrying on joint family business under the name and style of Chelliah Nadar and sons. The first defendant acting for himself and on behalf of his wife and the second defendant (since deceased) entered into an agreement with him under Ex.A-1 for the sale of the premises bearing Door No.4, Kalmandapam Road, Royapuram, Madras for Rs.57,000 on 16.1.1973. So far the first defendant had received Rs.22,000 as advance. As per the agreement the appellant who is in occupation of a portion of the house was authorised to receive rents from the other two tenants in the building. Under the terms of the agreement the balance of the purchase money has to be paid and sale deed registered within 11 months from that date. However, the first defendant collusion with the third defendant first respondent and Chandra Bose one of the sons of the appellant attempted to resils from agreement. Thereupon, the appellant sent the original of Ex