JUDGMENT:

This is an appeal by the second defendant, who questions the decree in specific performance suit O.S.No.194 of 1984 granted in favour of the first respondent herein. In the said suit the second respondent herein, who was the previous owner of the property, was impleaded as first defendant and the appellant herein was impleaded as the subsequent purchaser.

2. For the sake of convenience, the parties herein are referred to as they are arrayed in the suit.

3. The case of the first respondent/plaintiff is that the second respondent executed an agreement of sale – Ex.A1 dated 01.05.1981 for a sum of Rs.9,000/- agreeing to sell the suit schedule property to the plaintiff. The plaintiff claimed that he gave a notice prior to suit Ex.A2 dated 11.04.1984, which was replied to by the first defendant under reply dated 21.04.1984 asserting and denying Ex.A1 agreement and it was pleaded by the plaintiff that the first defendant has already sold the suit schedule property to the second defendant under a registered sale deed dated 24.06.1981 for a sum of Rs.10,000/- and has delivered possession to him and that he continues to be in possession of the property. D2 also gave a separate reply