M.P.Varma, J.

1. Both the appellants were defendants second party in Title Suit No. 23/2 of 1960/62, which had been brought against them as well as defendants first party by the plaintiff Gurudarshan Das, for specific performance of a contract for sale, and the learned Additional Surbordinate Judge of Sasaram has decreed the suit with costs.

2. Briefly stated, the case of the plaintiff was that the defendants first party constituted a joint Hindu family. Father of defendants 1 and 2, Sukhdeo Singh, lived at Bhabua, in the district of Shahabad, and practised there as a Mukhtar. He lived in the houses described in Schedule A to the plaint, namely, Holding Nos. 3 and 3-A of Ward No. 3, in the town of Bhabua, standing on an area of about one katha and seventeen dhurs of Sand. After his death, these houses were not required by the family of defendants first party, who are residents of the district of Deoria in Uttar Pradesh, and fell in disrepair. There were other legal necessities to meet, and so defendant No. 1, as Karta of the joint family, contracted with the plaintiff to sell the said houses for a consideration of Rs. 10,500.00, out of which the defendant No. 1 received Rs.