1. This is a second appeal by defendants Nos. 2 and 3 against the judgment and decree of the District Judge, Chandigarh, dt. 19th May, 1975.

2. Briefly, the facts are that Mehar Singh defendant No. 1 was the owner of two houses situated in Mani Majra, which were under mortgage with Jagir Singh defendant No. 3 for a sum of 3,000.00 . Ire entered into an agreement to sell the houses with Raminder Singh defendant No. 2 vide agreement deed dt. 27th December, 1970 (Exhibit D-1). Later, an 3rd January, 1971, he made an agreement for sale of the said houses with the plaintiff for a sum of 4,800.00 . The agreement to sell is Exhibit P. 7. Out of the consideration amount of Rs. 300.00 was paid by the plaintiff as advance to him. Out of the balance. a sums of Rs 3,000.00 was to be paid by the plaintiff to the mortgagee and Rs. 1500.00 to defendant No. 1 at the time of execution of the sale deed which was to be got executed within one week. On 5th January, 1971, a sale deed was executed by defendant No. 1 in his favour on a judicial stamp paper of Rupees 300.00 and was presented before the Sub-Registrar. Jagir Singh raised an objection before the Sub-Registrar that defendant No. 1 had