JUDGEMENT :- PALANISWAMY, J.

The fourth defendant in O. S. No. 335 of 1965 on the file of the District Munsif, Melur, is the appellant in this second appeal. The suit properties consisting of three items of wet lands belonged to the first defendant Nainammal. The first defendant has three sons, and they are, Masthan (the second defendant), Manian and minor Mohammed Uthirif. Though her sons had no title to the properties, a sale deed was written on 18-3-1955 (Ex. A-1) in which the vendors were the first defendant and her three sons, the first defendant acting for herself and as guardian of the said minor. But the document was signed only by the first defendant for herself and as guardian for her minor son and the second defendant. The sale was for Rs. 2450. The document inter alia recited that the vendors had received Rs. 530 on the date of the execution of the sale deed and that the balance of the consideration, namely, Rs. 1,900, would be received in the presence of the Sub-Registrar at the time of the registration of the sale deed. On 16-5-1955, the first defendant issued the notice Ex. B-1 to the plaintiff stating that the agreement was that the sale should be completed within a

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