The first defendant is the appellant in this second appeal. On the nth February, 1943, defendants 1 to 4, the owners of the suit property, agreed to sell the same to the plaintiff for Rs.380 under an agreement for sale marked as Ex.P-1. On the date of the said agreement a sum of Rs.50 was paid as advance and the balance was made payable at the time of the execution of the sale deed. Time for performance was fixed at six months. Shortly after the agreement, defendants 3 and 4 sold their moiety of the property to the fifth defendant under Ex.D-2, dated 11th March, 143. On the same day, the fifth defendant purported to purchase from D.W.2, in the case, a quarter share of the property under Ex.D-1. It is found by the lower appellate Court that D.W.2 had no title to the property and that the purchase by the fifth defendant was merely a make believe affair. On 24th November, 143, defendants 1and 2 purported to sella fourth share of the property to the fifth defendant. The plaintiff has brought the present suit for specific performance of the contract of sale, Ex.P-1alleging that defendants 1to 4 have committed default in the performance of their part of the contract and have sold