S.K. Gangele, J.

1. This is defendants first appeal against the judgment and decree of specific performance for contract passed in C.S. No. 7-A/1978.

2. Plaintiff filed a suit for specific performance of contract and declaration, declaring the sale-deed dated 14-3-1978 null and void. He pleaded that defendant No. 1 Kanahiya entered into an oral agreement with him on 27-1-1978 to sell the land of Survey No. 154 area 6.627 hectares situated at Village Sangi Bad (hereafter called as 'suit land') in a consideration of Rs. 17,000/-. He paid Rs. 10,000/- to the defendant No. 1 on the aforesaid date and it was agreed that balance amount he paid at the lime of registration of sale-deed, possession of the suit land was also delivered to him on the same day by the defendant No. 1. On 14-3-1978 the defendant No. 1 sold the suit land to defendant Nos. 2 and 3 through their father Bane Singh in spite of his objection before the sub-Registrar and notice to Bane Singh and the defendant No. 1 about the earlier agreement.

3. The defendant No. 1 denied the fact that there was any oral agreement to sale of the suit land in favour of the plaintiff on 14-3-1978 or he received consideration of Rs.