1. This appeal is filed by defendant No.5, challenging the Judgment and Decree passed in RA No.42/2014 on the file of the Senior Civil Judge and Ron, whereby the learned Civil Judge reversed the finding of the Principal Civil Judge Ron, in OS No.46/2005 by granting relief of specific performance.

2. For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.

3. Brief facts of the case are as under:
That the plaintiff filed suit for specific performance of the contract against defendant Nos.1 to 4. It is alleged that defendant Nos.1 to 4 for their family and legal necessity agreed to sell the suit property for a sum of Rs.28,000/-and by receiving the entire consideration, they have executed an agreement of sale on 22.01.2004 in favour of the plaintiff. It is also contended that defendant No.3 was minor and on his behalf, defendant No.4 has executed the agreement of sale. The sale deed was not executed by defendants and the plaintiff has also published a notice on 17.09.2004 in local news paper. The defendants did not come forward to execute the sale deed and hence, he filed a suit for specific performance of the contra