H.Mahapatra, J.

1. Plaintiff is the appellant. He brought a suit for specific performance of a contract to sell three rooms of a house belonging to defendant No. 1 for Rs. 4,500/-. This agreement was executed on the 15th of June, 1959 by defendant No. 1 who took from the plaintiff Rs. 500.00 towards consideration. Without executing the deed of sale in pursuance of that agreement he (defendant No. 1) sold two of those rooms to defendant No. 2 for Rs. 4,800/-. The deed of sale in that respect was executed by defendant No. 1 in favour of defendant No. 2 on the 10th of July, 1959 and the document was registered. The present suit was instituted on the 8th of August, 1959.

The trial court held that defendant No. 2 was bona fide purchaser of value without notice of any agreement between the plaintiff and the defendant No. 1 in respect of the property which he purchased. It also held that the agreement on which the plaintiff relied and sued for specific performance was not genuine. When an appeal was brought by the plaintiff to the court below, the finding about the lack of genuineness of the said agreement was reversed; but the plaintiffs suit for specific performance was equally