Judgement

JAGANNATHA SHETTY, J.:- This appeal, by Special Leave concerns the validity of a decree for specific performance granted by the High Court of Kerala in A.S. No. 525/ 1971.

2. Kadalat Estate, which was the subjectmatter of a suit out of which the appeal arises was originally owned by Fakhir Mohammed Sait. By agreement Ex. A1dated June 8, 1962 Sait agreed to sell the estate to Kasi Chettiar for Rs. 24,500/-. Chettiar paid Rs. 5,500/- as advance on the date of agreement and undertook to pay the balance upon executing the sale deed. The sale deed was to be executed within two months from the date of agreement. The deed, however, was not executed and the matter was dragged on by correspondence between the parties. On December 22, 1963 Sait died leaving behind his wife Sulekha Bai and some minor children. In the neighbouring estate there was a lady Doctor P.W. 2. Mathew is her brother. Kuruvila is her husband. Varghese is her father-in-law. The first three appeared to have contacted Sulekha Bai and also took some steps to purchase the estate. Chettiar was not unaware of their efforts and transactions which we will presently refer.

3. On December 31, 1963 Sulekha Bai and her childr