( 1 ) THIS appeal from a judgment of the District Judge of Dhar, which reversed a judgment of the Munsiff, Dhar, raises the question whether the plaintiff-respondents Shankarlal and Ramkishan, who purchased a house in pursuance of a decree for specific performance of an oral contract to sell the house, concluded between them and Bondar and Chhetar, the owners of the house, are bound by certain mortgages created by the owners in favour of the appellant after the contract to sell.

( 2 ) THE material facts are that on 27th December 1927 Bondar and Chheetar entered into an agreement with Shankarlal and Ramkishan for the sale of the house to them for Rs. 3500/ -. It was agreed between (he parties that out of this consideration Rs. 1100/- would be paid immediately and the remaining amount of Rs. 2400/- would be paid by the purchaser directly to Nathuji, Bhagirath and Ghasiram who had taken earlier two mortgages of the property, one of them executed by Mulchand the father of Bondar and Cheetar, on 24th November 1913 for Rs. 2000/- and the other executed by Bondar and Cheetar on 23rd December 1918 for Rs. 400/ -. After the aforesaid agreement to sell was concluded, proceedings were initiat

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