1. The appellant herein filed the suit against the second respondent for money due under two documents. He also filed IA No. 2673/ 78 for attachment before judgment of an item of immovable property belonging to the second respondent. A conditional order of attachment was issued and effected. The order was passed on 26-10-1978 and attachment was effected on 27-10-1978. The first respondent filed a claim in IA 2838/78. The court below allowed the claim and raised the attachment. Plain tiff challenges this order.

2. We now advert to the factual background. The disputed item of property belonged to the second respondent and his brother. According to the first respondent under Ext.A1 registered agreement dated 9-3-1978 the brothers agreed to sell the property to the first respondent for a consideration of Rs. 52.000/-. They paid advance of Rs.23,000/- and fixed a period of agreement as seven months. Subsequently, a sum of Rs.5,000/- was paid and the period of agreement was extended by two months as per endorsement dt. 1-4-1978. In due course first respondent sent Ext.A2 notice to the two brothers demanding execution of the sale deed. It appears that notice was rot served on t