1. Sukhdev Singh, respondent No. 2, entered into an agreement on July 19, 1972 with Ram Rattan, respondent No. 1, to sell his one-half share in the property in dispute for a consideration of Rs. 48,500.00 and received Rs. 10,000.00 as earnest money. He undertook to get his share separated by filing a suit and the deed was to be executed within one month of the passing of the final judgement. If the suit was not disposed of within one year, he agreed to pay interest on the earnest money at the rate of 3 per cent per annum. A suit was filed for partition by him, but was dismissed for not prosecution. The application filed by him to get the suit restored was also dismissed. On the same day on which the suit was dismissed for non-prosecution, respondent No. 1 filed this suit for permanent injunction restraining respondent No. 2 from committing the breach of the agreement and transferring his share to any one except the plaintiff. Bring the pendency of the suit, respondent No. 2 sold his share to the appellants vide sale deed dt. Feb. 4, 1975, whereupon the plaintiff converted the suit into one for specific performance.

2. Respondent No. 2 admitted the execution of the agreement