V. R. NEWASKAR, J.

( 1 ) THIS second appeal arises out of a suit for specific performance of contract executed by defendant No. 1 Sukkha S/o. Nanda on Asad Badi 2 Samvat year 2011 (18-6-1954) in favour of the plaintiffs agreeing to sell his house for a consideration of Rs. 700/ -. The case of the plaintiffs is that at the time of executing the agreement the defendant No. 1 received the entire consideration of rs. 700/- and delivered possession to the plaintiffs and it was agreed that the vendor should secure registration of the sale-deed within a month; that however later on the defendant No. 1 changed his mind and dishonestly sold away the house to defendants Nos. 2 and 3 Tarachand and Gordhan for an apparent consideration of Rs. 800/- and executed in their favour a registered sale-deed; that at the time of this latter sale-transaction the defendants 2 and 3 were fully aware of the agreement made by Sukkha in plaintiffs' favour and that he had delivered possession of the suit house to the plaintiffs in part-performance of the same; that the defendants Nos. 2 and 3 had not actually paid any part of the consideration to defendant No. 1 but had kept Rs. 500/- with themselves in depos

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