Judgement

Jagannadhadas, J. :- The pltf. is the applt. in this second appeal. It arises out of a suit for specific performance of a contract for the sale of 36 decimals of land which belonged to defts. 1 and 2. Defendants 1 and 2 are minors and the suit-contract is one entered into on their behalf by their mother as guardian. The contract was for selling the property for a sum of Rs. 75 out of which rs. 35 was paid as advance and the balance was to be paid later. Defendant 3 who is the sisters husband of defts. 1 and 3 has purchased the suit, property on 3-2-1943 subsequent to the agreement in favour of the pltf. The genuineness of the consideration alleged to have bean paid thereunder were denied by the defts. and contested in the Cts. below. It has been found by the trial Ct. that the agreement was true and that a sum of Rs. 35 was paid as an advance under it. It was also found that the agreement was executed in order to raise money to repay a decretal debt for Rs. 60 against the minors in respect of which there was an execution pending at the time. It was further found that deft. 3 was fully aware of the agreement and took the sale deed in his favour with notice of the same. Thes