JUDGMENT

Dr. Arijit Pasayat, J. — Challenge in this appeal is to the judgment rendered by a Division Bench of the Orissa High Court dismissing the Letters Patent Appeal filed by the appellants.

2. A brief reference to the factual aspects would be necessary in view of the order proposed to be passed.

3. The suit which forms the subject matter of controversy in the present appeal was one for specific performance of contract filed by respondent No.1-Raghu Nath Patnaik as the sole plaintiff.

4. In the suit it was contended that on 7.11.1983 defendant No.1 executed an unregistered plain paper agreement in respect of the suit scheduled house site agreeing to alienate the same in favour of the plaintiff for a consideration of Rs.25,000/- and as a part payment Rs.5,000/- was paid. Violating the terms of the agreement, he entered into another agreement for the same site with defendant Nos.2 and 3 on 14.3.1984. After coming to know of the said arrangement, plaintiff issued notice to all the defendants on 29.3.1984 intimating about the subsistence of the earlier agreement between him and defendant No.1 and requesting them not to enter into any sale transaction. The notice issued to defendant N