1. The plaintiff is the appellant. He is the first defendant's sister's husband. The second defendant is the grandson of the first defendant.

2. The parties are referred to as per the nomenclature assigned to them in the trial court.

3. The plaintiff filed a suit in O.S.No.88 of 1996 for specific performance based upon the sale agreement, dated 11.06.1993. The suit was decreed, directing the first defendant to execute the sale deed within a period of two months. Aggrieved over that, the defendants filed an appeal in A.S.No.15 of 1999. The said appeal was allowed and thereby, the decree of the trial court came to be set-aside. Hence, the second appeal by the plaintiff.

4. The above second appeal has been admitted on the following substantial questions of law:-

“1. Whether the findings of the lower appellate court are vitiated by its failure to consider the evidence of P.Ws.1 to 4 corroborated by documentary evidence Exs.A-3 to A-9 and the allegation in the reply notice, A-11?

2. Whether the findings of the lower appellate court are vitiated by its failure to take into consideration the proved and admitted facts cumulatively and draw the legal inferences thereon?”

Brief facts:-

5. T