JUDGMENT

SAIKIA, J.— This appeal is from the judgment of the Allahabad High Court dated October 27, 1980 in Second Appeal No. 567 of 1973 allowing the appeal and decreeing the suit of respondent 1 for specific performance of contract dated April 5, 1966, wherein it was stipulated that defendant 1 (respondent 2) had executed a fictitious sale deed dated September 2, 1966 for Rs 1000 in favour of defendant 2 Kalawati, in respect of half of the suit chak and another sale deed dated December 21, 1966 for Rs 2000 in favour of defendant 3 Mithlesh Kumari. Accordingly the plaintiff (respondent 1) prayed for directing the defendants 2 and 3 (appellants herein) to execute the required sale deed in case it was not possible for the court to get it executed by defendant 1.

2. Respondent 1 Fateh Bahadur sued respondent 2 Jang Bahadur and the appellants in O.S. No. 278 of 1970, for specific performance of his contract whereunder respondent 2 Jang Bahadur had agreed to sell his Chak No. 249 admeasuring 10 bighas, 12 biswas and 10 biswansis to respondent 1 for Rs 5000 out of which Rs 4000 were paid and the balance Rs 1000 to be paid within 5 years where after respondent 2 Jang Bahadur was to execut