K. S. SHRIVASTAV, J.

( 1 ) THE defendants are the appellants. Suit for recovery of the suit property has been decreed against them by the first appellate Court, reversing the judgment and decree of dismissal of the suit by the Subordinate Judge, rajahmundry.

( 2 ) THE facts of the case giving rise to this appeal, in brief, are that, the first appellant on behalf of himself and his minor sons, that is the defendants Nos. 2 and 3 had executed a sale deed, Ex. A-1, for a consideration of Rs. 12,000/- on 28-6-1974, in favour of the deceased plaintiff Kadim Venkataswamy, after receiving an advance of Rs. 3,500/- and the balance amount of consideration of Rs. 8,500/- was agreed to be paid before the Sub-Registrar at the time of registration of sale deed, Ex. A-1. Although it was mentioned in the sale deed, ex. A-1, that the vendor had put the deceased-plaintiff Kadim Venkataswamy in possession of the suit property, yet, it was not delivered to him, because it was agreed between them that its possession would be delivered after three months therefrom, because, some tenant was occupying some part of the suit property. The deceased-plaintiff filed the suit for recovery of vacant possession o

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