( 1 ) THIS appeal is filed against the judgment of the learned single Judge in A. S. No. 1936 of 1988, dismissing the appeal filed by the unsuccessful plaintiffs in the suit laid for specific performance of the agreement of sale dated 11-9-75.

( 2 ) DEFENDANTS 1 and 2 executed an agreement of sale dated 11-9-75 in favour of the plaintiffs agreeing to convey the plaint schedule property in an extent of Ac. 1-20 guntas of land situated in S. No. 766 at Kedada by executing a registered sate deed and agreeing to deliver possession of the land. The sale consideration was fixed at Rupees 1,10,000/- and the plaintiffs paid a sum of Rs. 40,000. 00 towards advance and the balance was agreed to be paid within three months thereafter. It was stipulated that the defendants should satisfy the plaintiffs about their title to the property and that it is also unencumbered. While so, the third defendant issued a notice dated 30-11-1975 to the first plaintiff and to first defendant, who is the brother of the third defendant, through a counsel disputing the title in himself. On receipt of the said notice, the plaintiffs approached defendants 1 and 2 and requested them to resolve the