Amol Rattan Singh, J.

This appeal has been filed by the second defendant in a suit filed by respondents no.1 to 4 herein (respondent no.1 now represented by his legal heirs), seeking possession of the suit property upon specific performance of an agreement of sale stated to have been entered into between the plaintiffs and defendant no.1 (present respondent no.5).

The suit was dismissed by the learned Sub-Judge Ist Class, Ambala City, but on an appeal filed by the plaintiffs, it was decreed in their favour by the learned lower appellate Court. Hence the present appeal by the second defendant (Baljinder Singh), who is the vendee of the suit property, the vendor being defendant no.1 (Balbir Singh).

2. As per the suit of the plaintiffs, they were residents and owners of 44 kanals of land in Village Shahpur, Tehsil and District Ambala and being desirous of acquiring more land for their cultivation, approached defendant no.1, Balbir Singh, for purchase of his land which was otherwise already stated to be under cultivation of the plaintiffs.

Defendant no.1 is stated to have consequently executed the following transactions:-

(i) Sale deed dated 6.4.78 in favour of the plaintiffs, of