( 1 ) THIS second appeal by Gulabsingh, one of the defendants in the suit, is from a decision of the Additional District Judge of Mandleshwar whereby he upheld the judgment and decree of the Court of Munsiff, Sanawad, giving to the Plaintiff sagarsingh a decree directing the defendants Bherusingh and Prithvisingh to execute and register a sale deed of a house in favour of the plaintiff and further directing these two defendants and the defendant Gulabsingh to deliver possession of the house to the plaintiff. Sagarsingh and Prithvisingh arc now dead and the respondents Tarabai and Krishnakunwarbai are their legal representatives.

( 2 ) THE plaintiff's case was that on or about 4-11-1946 the defendant Bherusingh and Prithvisingh entered into an agreement with him for the sale of a house belonging to them for Rs. 300/-; that in pursuance of this agreement, he paid to the defendants Rs. 225/- on 6-11-1946 for discharging a mortgage on the house; and that on the evening of 6-11-1946 he paid the remaining amount of Rs. 75/and obtained possession of the house from the defendants. The plaintiff further stated that the defendant Prithvisingh executed a sale deed on his behal