JUDGMENT

Tek Chand, J. - The facts of this case are set out in detail in the judgment of the Divsions Bench, dated 14th Anril 1930, in Civil Anneal No. 14 of 1925, and it is not necessary to repeat them here. Briefly they are, that Ghulam Muhammad, defendant 1, purchased at an auction-sale square No. 70 from Government. Me deposited' the earnest money in the Government Treasury, but had not the means to pay the balance of the purchase price, which was to be paid in instalments. Accordingly on 4th March 1916, Ghulam Muhammad entered into an agreement (Ex. P-1) with Diwan Singh, defendant 2, to sell the square in question to him as soon as the proprietary rights were conferred on him, Diwan Singh undertaking to nay to Ghulam Muhammad the amount which the latter had deposited in the treasury as earnest money and also to pay direct into the treasury the regaining instalments. In pursuance of this agreement, Diwan Singh was put in possession of the land. Diwan Singh paid some of the instalments, but before the entire amount had been paid, he on 18th February 1918, entered into a further agreement with Lekha Slush plaintiff to sell the land to him when ownership was conferred on Ghulam Mu