JUDGMENT:- The suit giving rise to this second appeal was filed by the appellant, who died during the pendency of this appeal and whose legal representatives have been brought on record, for specific performance of a contract of sale (Ex. 83) dated 15th October, 1957. The agreement was executed by defendants 1 and 3, who are brothers. It was in respect of two houses bearing Gram Panchayat Houses Nos. 383 and 384. The consideration for the sale was Rs. 2,250/-, out of which Rs. 200/- were paid as earnest amount. The houses were under attachment of creditors and the sale deed was to be executed after the attachment was raised. It was the case of the plaintiff that although a single document was executed, it contained two separate agreements, because defendants 1 and 3 were separate and the two houses were separate, defendant No. 1 being the owner of house No. 384 and defendant No. 3 being the owner of House No. 383. The plaintiff was put in possession of the two houses on the date of the agreement.

2. After the agreement was made by defendants 1 and 3 with the plaintiff, they agreed to sell the houses to one Abdul Gani and received some amount of consideration by way of earnest money.

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