JUDGMENT

This appeal arises from the judgment and the decree passed in O.S.No.471 of 1995 on the file of Sub Judge, Mavelikkara. The suit was for specific performance of agreement for sale of the plaint schedule property. The appellant's plaint contains the following allegations. The plaint schedule property belonged to the original defendant (first respondent), whose son and daughter are defendants 2 and 4/ respondents 2 and 4. On 17.5.1994 the plaintiff/appellant and the original defendant entered into an agreement for sale of the plaint schedule property. The price is Rs. 21,000/- per cent. On the date of the agreement the appellant paid the original defendant Rs.25,000/- in advance towards the sale consideration. The agreement was that within one week of disposal of a pending litigation in respect of the plaint schedule property the original defendant would inform in writing the appellant and within fifteen days thereafter the transaction would be completed. On 23.2.1995 and on 14.4.1995 the appellant paid the original defendant Rs.10,000/- and Rs.5,000/- respectively towards the R.F.A.No.45 of 2005 2 sale consideration. The pending litigation, O.S.No.138 of 1994 on the file of