(1.) The third defendant is the appellant.
(2.) The suit is for specific performance of an agreement of sale dated 20-9-1972 said to have been executed by the first and second defendants who are brothers for a sum of Rs.6,000/- in favour of plaintiff.
(3.) It was averred in the plaint that pursuant to the agreement of sale, possession was delivered that the first and second defendants agreed to execute a regular sale deed, but were unable to do so due to strike of the Non-Gazetted Officers in the Sub-Registrar's Office, that the third defendant colluded with the second defendant and has been proclaiming that he would create an agreement of sale from the second defendant by ante dating the same and that the fourth and fifth defendants are the tenants of the property who agreed to deliver possession to the plaintiff.