( 1 ) THIS is a defendant's Second Appeal against the judgment and decree dated the 12th of October, 1960 passed by the Addl. District Judge Gwalior, in Civil Appeal No. 57-A of 1960.

( 2 ) THE facts giving rise to the suit out of which the present appeal arises axe that the present appellant entered into an agreement on 9-3-1956 for purchase of the house in dispute for a sum of Rs. 4500/- from its owner Babulal. Surajmal and Kanhaiyalal with prior knowledge of this agreement purchased the said house on 7-4-1956 from Babulal for a Sum of Rs. 6000/- under a registered deed. The defendant was at the time of the sale occupying a shop forming part of the said house on a rent of Rs. 12/-/- p. m. On 26-5-1956 the present respondents served a registered notice on the defendant demanding arrears of rent from 7-4-1956. This notice was followed by another dated 9-7-1956 terminating the defendant's tenancy with effect from the 7th of September, 1956 or in the alternative from 10-9-1956. This notice also contained a demand for the arrears of rent. The defendant thereupon filed a suit against the plaintiffs and their predecessor-in-title Babulal for specific performance of the