The first plaintiff, since dead and represented by his heirs, plaintiffs 2 to 6, (hereinafter referred to as the plaintiff) entered into an agreement with the 1st defendant for the purchase of a house and site in Mayuram, under an agreement, Exhibit A-1 dated 19th March, 1960 executed by the first defendant for a price of Rs. 1,000. On 9th September, 1961, the first defendant sold the property to the second defendant for a sum of Rs. 1,900. Notices passed between the parties in which the plaintiff’s claim was denied and the plaintiff filed the present suit for specific performance of the agreement, Exhibit A-1.

The first defendant resisted the suit on the ground inter alia that the agreement of sale is vague, that there was no consensus ad idem between the parties as to the exact extent to be sold, that subsequent to the agreement of sale, the plaintiff gave up his rights and that only thereafter the property was sold to the second defendant. The latter, while adopting the pleas raised by the first defendant raised the further plea that he is a bona fide purchaser for value and in good faith without knowledge of the prior agreement of sale.

The trial Court negatived all the