J.M.SHELAT, J.

(1) ONE Soni Virji Sundarji for himself and on behalf of the Hindu joint family of which he was the Karta executed a deed of mortgage dated 11/12/1907 in respect of two shops in Jamnagar in favour of Jetha Roopchand, to secure repayment of Rs. 800.00 advanced to the said family. The said mortgage was with possession and was redeemable in 8 years. On 25/08/1930 the coparceners of Virji, who had died in the meantime, by an agreement of sale agreed to sell and respondents 1 and 2 agreed to purchase the said two shops together with certain other properties for Rs. 3,200.00, subject of course to the said mortgage. In spite of the said agreement of sale the coparceners of Virji by a registered deed of sale dated 10/09/1930 sold the said shops and the said properties to Lalji Jetha and Kanji Jetha, the sons of said Jetha Roopchand, for Rs. 3,400.00. The said Lalji and Kanji both died and the appellants and respondents 3(1) to 3(9) are the heirs and legal representatives of the said Lalji and Kanji respectively.

(2) ON 1/10/1930, respondents 1 and 2 filed a suit being suit No. 263 of Samwat Year 1987 (1931 A.D.) for specific performance of the sa