1. The plaintiff in O.S.No.64 of 1987, on the file of the Sub-Court, Villupuram, is the appellant. Pending the appeal, the plaintiff died and hence his legal representatives have been brought on record as appellants 2 to 5. The plaintiff filed the suit for specific performance of an agreement of sale dated 22.11.1978, and the suit was dismissed and as against the same, this appeal is filed.

2. The case of the plaintiff is as follows:

The suit property originally belonged to Pattabiraman and the first defendant entered into an agreement of sale with the said Pattabiraman on 14.5.1977, for purchasing the suit property and as the said Pattabiraman refused to execute the sale deed, the first defendant filed a suit in O.S.No.546/1978 for specific performance of the agreement of sale dated 14.5.1977, against the said Pattabiraman and the suit was decreed in favour of the first defendant. While so, the first defendant entered into an agreement with the plaintiff on 22.11.1978, in respect of the very same property, which is the subject matter of the agreement of sale dated 14.5.1977, and O.S.No.546/1978 and the plaintiff paid an advance of Rs.41,000/- against the total sale considera