JUDGMENT :- Budhan and Ramji Lal executed an agreement to sell the property in dispute in favour of Ved Prakash son of Harbans Lal on 13-9-55. On 1-3-62 Suit No. 65 of 1962 was filed by Ved Prakash for specific performance of the contract of sale. It was stated by him that the aforesaid two persons had agreed to sell the plots in dispute for a sum of Rs. 200/- and that a sum of Rs. 50/- was advanced as earnest money. The sale deed was to be executed after they had won the case that was pending in the Hon'ble High Court. The case was won of 27-11-61. It was also alleged that the aforesaid defendants had subsequently entered into some agreement with Sri Ram Kar Prasad and Narendra Kumar who were arrayed as defendants 3 and 4. Ramji Lal who was defendant No. 1 admitted the plaint allegations. Budhan who was defendant No. 2 denied the execution of the agreement and stated that the sum of Rs. 50/- was borrowed from Harbans Lal and he never entered into any agreement to sell the property in dispute.

2. Another suit No. 89 of 1962 was filed by Harbans Lal on 27-3-62 for specific performance of the contract in his favour with the allegation that the contract was entered by him and