( 1 ) THIS appeal is filed by the third defendant against a decree passed by the learned Subordinate Jndge, Elaru in O. S. No. 22 of 1966. The suit was filed by the first respondent herein for specific performance of an agreement of sale, Ex. A. 1 dt. 9-2-1965 executed by the first defendant (2nd respondent herein) in favour of the plaintiff, agreeing to convey the suit land for Rs. 27,125/ -. A sum of Rs. 500/- was paid as advance. Out of the balance of consideration rs. 10,000/- was agreed to be paid on 28-2-1966 while the rest of rs. l6,225/- had to be paid by 25-3-1966. The 1st defendant, instead of performing the contract, sold the property, under Ex. B-1 dt. 27-3-1966 to the third defendant for Rs. 27,000/-, The third defendant who is the subsequent purchaser paid Rs. 10,000 on 27-3-66 itself and agreed to pey Rs. 13,750/- on the date of the registration the balance of Rs. 3,250/- was agreed to be paid by discharging a mortgage executed by the first defendant in favour of the Co-operative land Mortgage Bank Kovvur. The plaintiff having come to know about the subsequent sale, filed the present suit for specific performance on 1-4-66 impleeding the vendor as the