Varadachariar, J.

1. This second appeal arises out of a suit for specific performance of an agreement for sale of certain properties entered into by defendant 1 with the plaintiff on 20th November 1927. Defendants 2 to 5 denied the agreement but both the Courts have found in favour of its genuineness. On 29th November 1927 defendant 1. executed a sale deed in respect of the same properties in favour of defendants 2 to 5. Hence this suit for specific performance. Defendants 2 to 5 contended that they were bona fide purchasers for value without notice of the plaitiffss agreement, and this point was raised by issues 2 and 3. The trial Court found against defendants 2 to 5 on both points and decreed the plaintiffs suit. The lower appellate Court has reversed that decision and dismissed the plaintiffs suit. Hence this appeal.

2. Though at the end of para. 8 of its judgment, the lower appellate Court winds up with the words:

Defendants 2 to 5 have discharged the onus of proving that they were bona fide purchasers for value without notice of the agreement,

I cannot help thinking that the lower Court has not realized that the defendants must establish both parts of the plea, viz., abse