A. MISRA, J.

( 1 ) DEFENDANTS Nos. 2 and 3 have preferred this appeal against a confirming judgment, One Habibulla Khan was the admitted owner of the suit property. Defendants Nos. 4 to 11 are the descendants of Habibulla. Habibulla entered into an agreement dated 19-5-1947 (Ext. D) with defendant No. 1 to sell the suit property for Rs. 4,300 and received an advance of Rs. 100, but before execution of the sale deed and receipt of the balance of the consideration, he died in June, 1948. Defendants Nos. 4 to 11, his heirs served a notice (Ext. A) on defendant No. 1 on 30-9-48 offering to execute the sale deed on payment of the balance of the consideration within seven days. Defendant No. 1 by his reply (Ext. A/1) claimed that he had advanced Rs. 1,400 to habibulla and expressed his willingness to pay the balance of the consideration on execution of the sale deed. Ultimately defendant No. 4 for self and as guardian of defendants Nos. 6 and 7 and defendant No. 5 for self and as guardian of defendants Nos. 8 to 11 sold the suit property to the plaintiff by a registered sale deed (Ext. 3) on 10-11-48 for a consideration of Rs. 4,000. Defendants Nos. 2 and 3 are sons of defendant No. 1.