1. In this appeal arising out of a suit for specific performance of an agreement to sell entered into by the first defendant, the only question which arises for decision, is whether the plaintiff is entitled to a charge for the sum of Rs. 3,504-15-0 which he had paid from time to time towards the sale consideration. Ext. Al the agreement, recited the total sale consideration to be Rs. 6,000/- of which Rs. 500/- was a cash receipt. The plaintiff made payments subsequently, but the sale was not completed. The suit comprised other reliefs with which the appeal is not concerned. The second defendant is the transferee of the properties from the first defendant, and his contention that he had no notice of Ext. Al, has been accepted by the Subordinate Judge. The plaintiff was given a decree for the sum of Rs. 3,504-15-0 charged on the properties, and for a further sum of Rs. 1000 by way of damages against the first defendant personally. The second defendant has preferred this appeal and the plaintiff has filed a memorandum of cross-objections against the findings and the decree, in so far as they are against him.

2. The contention of the learned-counsel for the second defendant