1. The third defendant is the appellant. The first respondent filed the suit for specific performance of an agreement of sale dated 5.7.1994 executed by respondents 2 and 3 herein. That suit was dismissed and the first respondent/plaintiff filed appeal and that appeal was allowed and against the same, the second appeal is filed by the third defendant.

2. The case of the first respondent/plaintiff was that the suit property belongs to respondents 2 and 3 and on 5.7.1994, he entered into an agreement with respondents 2 and 3 for the purchase of the suit property for a sale consideration of Rs.35,000/= and on that date itself, he paid Rs.28,000/= and possession was handed over to him and it was agreed that the sale shall be completed within a period of one year and he was ready and willing to perform his part of the contract from the date of the agreement of sale and whenever respondents 2 and 3 were approached, they were evasive and he came to know that respondents 2 and 3 were attempting to sell the property to the third parties and therefore, issued a notice dated 2.12.1994 to respondents 2 and 3 calling upon them to execute he sale deed dated 6.12.1994 informing that he