( 1 ) HAR Vallabh plaintiff-respondent No. 2, was the Bhumidhar of plot No. 417 measuring 1-20 acres. The said plot is situated in village Kandeshi Pachar, District Etawah. On July 29, 1964, har Vallabh executed a sale deed of the said plot in favour of the defendant-appellant for a sale consideration of Rs. 800/ -. On the same date, it is alleged by the plaintiff, the defendant-appellant executed an agreement to transfer the property in favour of Smt. Saraswati devi, plaintiff-respondent No. 1, and Har Vallabh or any one of them. The plaintiffs-respondents served a notice on the defendant-appellant on Oct. 26, 1965, requiring him to execute a sale deed of the said plot in favour of Smt. Saraswati Devi alone as Har Vallabh was not possessed of sufficient means. The defendant-appellant replied to the said notice stating that he had only agreed to transfer the land in favour of Har Vallabh and he was under no legal obligation to do the same in favour of Smt. Saraswati Devi, On receipt of this reply, the plaintiffs-respondents sent another notice dated Nov. 24, 1965 to the defendant-appellant to execute a sale deed jointly in favour of Har Vallabh and Smt. Saraswati De