JUDGMENT

S.C. Agrawal, J.-- Special leave granted.

2. This appeal arises out of a suit filed by the appellant for specific performance under an agreement for sale of land by Smt. Janabai to the appellant.

3. Respondents Nos. 1, 3 and 4 are the sons of Smt. Janabai while respondent No. 2 is her daughter-in-law. On February 20, 1975, Smt. Janabai entered into an agreement for the sale of suit lands to the appellant under which the appellant agreed to purchase the lands for Rs. 7000/-. A sum of Rs. 2,000/- was paid by the appellant to Smt. Janabai as earnest money. As per the agreement the balance amount was to be paid at the time of the execution of the sale deed. The case of the appellant is that on May 5, 1976 he gave notice to Smt. Janabai to execute the sale deed. The appellant paid a further sum of Rs. 1000/- to Smt. Janabai on July 30, 1976 and on August 20, 1977 a further amount of Rs. 800/- was paid to Maruti, the son of Smt. Janabai and husband of respondent No. 2. Thus the appellant paid a sum of Rs. 3,800/- towards consideration for the sale of the land under the agreement. The case of the appellant is further that on March 13, 1978 after the death of Smt. Janabai, he se