K.M. NATARAJAN, J.

1. This appeal is filed by defendants 2 to 5 in O.S. No. 241 of 1971 on the file of the Principal Subordinate Judge, Vellore challenging the decree and judgment passed in thesaid suit for specific performance of agreement directing defendants 1 to 5 to executesale deed and deliver possession of the property, etc.

2. The case of the first respondent-plaintiff is briefly as follows : Tne suit property and its adjoining properly originally belonged to the first defendant, her brothers andother members of her family. By virtue of aregistered partition deed dated 1-7-1955 the suit property among other items was allotted to the share of the first defendant. The plaintiff is a hardware merchant and he has been carrying on business in door No. 39, Long Bazaar, Vellore, an adjoining property belonging to the brother of the first defendant. The plaintiff is also occupying the suit property as a tenant under the first defendant from the year 1962 on a monthly rent of Rs. 200. Defendants 2 to 4 and the husband of the 5th defendant are brothers and they are also hardware merchants carrying on similar business of the plaintiff in the adjoining shop. They are also res