1. This is a minor defendant™s appeal, against a decree for specific performance of an executory sale in respect of immovable property, passed by the trial court in a suit brought against him and his father ; the father being shown therein as the guardian of his minor son, the appellant.

2. Respondents 1 & 2, who are the plaintiffs in the suit out of which this appeal has arisen, sued the appellant and respondent No. 3, his real father, in the court of District Judge at Srinagar for specific performance of an agreement to sell a building situated at Maisuma, Srinagar for a total consideration of Rs. 30,000/-, said to have been executed by respondent No 3 in their favour on 19-2-1970, on his own behalf, as well as on behalf of the appellant as his natural guardian, alleging therein that respondent No 3 was the sole owner of the suit property and that the appellant was only a benamidar. It was further alleged that out of the total consideration of Rs. 30,000/- only Rs. 10,000/- remained to be paid to the vendors On the institution of the suit, summons was issued to respondent No. 3 alone, both in his individual capacity, as well as the natural guardian of the appellant Th