JUDGMENT

K.G. Balakrishnan, J.-Defendants 5 to 8 in a suit for specific performance are the appellants herein. The first respondent-plaintiff, Deep Chand filed a suit for specific performance against the second respondent, Kare, who was the owner of the suit property measuring 26 Kanals and 2 Marlas situated in Village Prithla of Faridabad District. The first respondent agreed to purchase the land from Kare for a consideration of Rs. 35,000/- per acre and an agreement was entered into between these two parties on 8.12.1986. The first respondent paid an amount of Rs.8,000/- to Kare on the date of the agreement and Kare had to execute the sale-deed by 25th May, 1987, but this date was further extended upto 15th June, 1987. However, Kare did not execute the sale-deed as promised by him. Therefore, the first respondent was constrained to file a suit for specific performance.

2. The second respondent, Kare, who was the sole defendant in the suit, filed a written statement contending that he was not the real owner of the property and that it belonged to his children. He also alleged that he had mortgaged the property in favour of one Gopal. The first respondent-plaintiff, thereupon implead