Shib Chandra Prasad, J.

1. This is an appeal by defendant No. 2 against the concurrent judgments of the Courts below in a suit filed by the plaintiff for specific performance of contract in respect of plot No. 6563, which contains a house and which originally belonged to defendant No. 1 Bihar Mahton. He executed a kebala in favour of the plaintiff on 2-3-1953 but it was not registered. Then the plaintiff presented it before the Sub-Registrar for compulsory registration on 21st April, 1953. About a month before this date Bihari (defendant No. 1) sold this very property to one Amrit Lal Sahu by a registered kebala. In the proceeding before the Sub-Registrar for compulsory registration, the executant (defendant No. 1) did not appear and the registration was refused by the Sub-Registrar. Then there was an appeal before the District Sub-Registrar, Monghyr, who on 2-3-1954, dismissed the appeal because the lawyer of the plaintiff said that he had been instructed not to prosecute the appeal. On 16-12-1953, the plaintiff sold this very property by a registered deed of sale to defendant No. 2, the appellant, for Rs. 500/-, which was paid to him.

2. The plaintiffs case was that he wa