1. This appeal is by the plaintiff in a suit for specific performance of an agreement to sell immovable property. The plaint schedule item 1 property is an extent of 50 cents in Sy. No. 1662B,' 1662C, 1662D, 1663, 1664 and 1666 of West Kallada village. Plaint item 2 are huts standing on plaint item 1. Plaint item 1 belonged to the first defendant. He agreed to sell this to the plaintiff at the rate of Rs. 275 per cent. An unregistered agreement for sale was executed on 19-2-1975. The date within which the sale was to be taken was agreed as 30-5-1975. An amount of Rs. 2250/-was paid as advance. According to the plaintiff the title deed was also handed over to him along with the agreement. The suit is filed on the allegation that the plaintiff was ready and willing to take the sale and though he issued a notice on 30-4-1975 demanding execution of the sale deed and surrender of possession he found, on enquiries later, that the first defendant had executed a sale deed in favour of the second defendant for the property inclusive of the plaint item 1. According to him the second defendant had taken the sale with the full knowledge of the agreement for sale is favour of the pl