1. Defendants 1 to 7 in O.S.No.7368 of 1978 on the file of IV Additional Judge, City Civil Court, Madras are the appellants in the above appeal. The first respondent herein filed the said suit for specific performance.

2. The case of the plaintiff is briefly stated here under.

The plaintiff and one Narayanaswami Pillai entered into an agreement of sale dated 21.7.1973 under which Narayanaswami Pillai agreed to sell the suit property for a sale consideration of Rs.37,000 free from all encumbrances According to the terms of the agreement, Narayanaswami Pillai should discharge a subsisting mortgage in respect of this property, pay the arrears of taxes, obtain an encumbrance certificate and convey the property free from all encumbrances. Subsequently on 11.10.1975 Narayanaswami Pillai received a sum of Rs.13,500 representing that he would discharge the two mortgages in respect of the property and another in respect of another property of Narayanaswami Pillai due to the same mortgagee. Including the advance of Rs.1,100 paid on the date of the agreement and the subsequent payments made by the plaintiff, Narayanaswami Pillai had received a total sum of Rs.17,851 towards the sale