SUBBA RAO, C.J. : This is a plaintiffs appeal against the decree and judgment of the Court of the Subordinate Judge of Bapatla in O. S. No. 66 of 1949, a suit filed by the appellants for specific performance of a contract, dated 4th December 1947, executed by the 1st defendant in favour of the 1st plaintiff.

2. The undisputed facts may be briefly stated. The plaint schedule propetry is of the extent of 6 acres. This land along with others was originally owned by Upadrashta family. Upadrashta Ramayyas wife Venkata Lakshmamma and Upadrashta Venkatarama Sastri executed a mortgage in respect of 60 acres, including the suit land, in favour of the 2nd defendant under Ex. B-7, dated 26th March 1928. The mortgagors from time to time sold away the properties to third parties and a balance of 11 acres remained in Venkatarama Sastris hands in the year 1939. In execution of a decree against Venkatarama Sastri obtained by the 1st defendant in O. S. No. 213 of 1930, he attached the said extent of 11 acres and brought them to sale. Even those 11 acres were nominally sold in the name of Venkatarama Sastris wife and daughter. They filed claim petitions and they were dismissed.

When they file