( 1 ) THIS is an appeal by defendants, second set, directed against judgment and decree recorded by Sri M. G. Godbole, learned IVth Additional District Judge, Varanasi who allowed Civil Appeal No. 186 of 1974 on 13-9-1974 and reversed the judgment and decree dt. 26-3-1974 drawn by Sri D. P. Varshney, learned Munsif, Havali, Varanasi who dismissed plaintiffs suit No. 122 of 1973 with costs.

( 2 ) DISPUTE relates to house and bamboo clump as detailed at the foot of the plaint, situate in village Mandaw, Pargana Dehat Amanat, district Varanasi.

( 3 ) PLAINTIFF Rudra Narain Singh is respondent 1. Smt Dhanwanti defendant No. 1 is respondent No. 2. Appellants Ram Briksha Singh and his sons are the vendees of the aforesaid house and bamboo clump by virtue of a sale deed executed in their favour by Smt. Dhanwanti on 29-1-1973.

( 4 ) PLAINTIFFS case was that Smt. Dhanwanti agreed to sell the aforesaid property in his favour for a sum of Rs. 2000/- and an agreement to sell was executed by her. Out of the sale consideration, Rs. 1500/- was paid by plaintiff at the time of execution of the agreement while the balance was payable at the time of registration of the document. The