JUDGMENT :- This is a defendants' appeal against the judgement dated 14-10-1970 of the Civil Judge, Azamgarh, dismissing the appellants' appeal and upholding the trial court's judgement decreeing the plaintiff-respondent's suit for specific performance of a contract entered into between the plaintiff and defendant-respondent No. 2.

2. The relevant facts, as recorded by the courts below, are that defendant No. 1 Brij Behari Rai and the plaintiff, namely, Rajdeva Rai entered into the agreement (Ex. 1) dated 21-2-1964 under which Brij Behari agreed to sell the property described in the plaint to the plaintiff for Rs, 1,000/- within six months and was paid Rs. 400/- by the plaintiff as earnest money. It was further agreed upon that the balance shall be paid at the time of registration of the sale-deed. Ultimately, defendant No. 1. Brij Behari Rai sold the property by the deed dated 24-7-1965 to the appellants who were arrayed as defendants Nos. 2 and 3. It has also been found that defendants Nos. 2 and 3 were not bona fide purchasers as they were aware of the agreement (Ex. 1) between the plaintiff and defendant No. 1 when the appellants purchased the property in 1965.

3. It may