JUDGMENT

V.N. Khare, J.-This is a plaintiff s appeal. On 12th of December, 1975 defendant No. 1 executed an agreement to sell two plots of land - plot A comprising 2 acres patta land and plot B comprising Ac. 1.30 Cents Sivaijama land for a sum of Rs. 17,900/- in favour of the plaintiff. Under the agreement to sell, a sum of Rs. 2.900/- was paid to defendant No.1 as earnest money. Subsequently, one Bhima Naik issued a registered notice to the appellant stating therein that he is the owner of the land comprising in plot B measuring Ac. 1.30 Cents and that the defendant No. 1 has no right to sell the same to the appellant herein. The appellant sent notice to defendant No. 1 for executing the sale deed. However, the defendant evaded to perform his part of the contract. It is under such circumstances, on 15.3.76, the appellant herein brought a suit for specific performance being OS 19/76 in the court of Subordinate Judge, Madanapalle. The plaintiff s case was that the appellant always was and is ready and willing to perform his part of the contract. Since the title of defendant No. 1 was found to be defective as one Bhima Naik set up title on Sivaijama land, hence the plaintiff praye