JUDGMENT

S.B. Sinha, J.—The First Respondent herein is the wife of K.R. Narayana Pillai (Respondent No. 5). Respondent Nos. 2 and 3 are daughters of the First and the Fifth Respondent herein. The Fourth Respondent was their minor daughter. 15 cents out of the land in question measuring 19 cents were obtained by Respondent Nos. 1 to 3 by reason of a partition under deed No. 1598 of 1973. As Respondent No. 4 was born subsequent to the execution of the said deed of partition, she became entitled to a one-fourth share in 15 cents which comes to 3.75 cents. The balance 4 cents absolutely belonged to the First Respondent on the death of one Narayana Pillai and Devaki Amma Respondent Nos. 1 to 3 and 5 agreed to sell the said property to the Appellant herein, wherefor an agreement of sale was executed on 13.09.1980 in his favour. In terms of the said agreement, a sum of Rs. 5,05,000/- was fixed as total consideration; and a sum of Rs. 10,000/- was received by the Respondents by way of advance. The agreement contained a condition that the Respondents would obtain requisite permission from the appropriate court for sale of the minor’s share therein. Such permission was to be obtained within a