1. Theabove appeal suit is directed against the judgment and decree dated 12.2.1985 made in O.S.No.141 of 1982 by the Court of Subordinate Judge, Salem, thereby dismissing the suit, filed by the appellant herein for specific performance of the contract, without costs.

2. The facts and circumstances, as pleaded by the appellant/plaintiff in the plaint are that the suit schedule ‘A’ properties belonged to the mother of the defendants 1 to 6, viz., Majubi alias Khairoonkhathu, who died in 1977, leaving behind her the defendants 1 to 6 to succeed to her estate, since her husband had pre-deceased her; that in September, 1978, defendants 1 to 3, for themselves and authorised by defendants 4 and 5 their brothers and the 6th defendant-their sister, represented to the plaintiff to negotiate and sell the suit property and offered the same for sale to the plaintiff, further promising to evict the tenants and hand over vacant physical possession of the property at the time of executing the sale deed; that after negotiation, the price was settled at Rs.51,750 and that the defendants 1 to 3 executed an agreement of sale in favour of the plaintiff on 28.9.1978, after receiving an advance