Hemant Gupta, J.:- Defendant Nos. 2, 3 and 4 and some of the legal heirs of defendant No. 1 are in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court granting decree of specific performance of the agreement of sale dated 12.6.1979.

2. It is alleged by the plaintiffs that firm of the plaintiff M/s Kanshi Nath and Sons is a tenant under defendant No.1 Amar Nath. The property in dispute has fallen to the share of defendant No.1 on the basis of partition effected amongst three brothers, namely, Amar Nath, Bal Kishan Dass (defendant No. 4) and Ram Nath by way of registered partition deed dated 11.6.1948. Amar Nath entered into an agreement of sale with respect to the property fallen to his share with the plaintiff and received a sum of Rs.5,000/- as an earnest money. The total sale consideration was fixed at Rs.46,000/-. The sale deed was to be executed on or before 31.12.1979 when the balance sale consideration of Rs.41,000/- was to be paid before the Sub Registrar.

3. It is pointed out that Bal Kishan Dass (defendant No.4) filed a false and frivolous suit on 6.10.1979 (Exhibit P.13) against Amar Nath and the present plaintiffs