Appellant intituted on June 28, 1952an action in the Court of First Instance of Manila against appellees Lim Bun Hioc and Federico Viduya, alleging that on May 27, 1943, defendant Viduya had offered to sell to plaintiff a house on Block No. 23 of Rizal Avenue Hills with the corresponding certificate of title for the price of P8,450, that the plaintiff accepted the offer; that it was agreed the price would be paid on July 20, 1943; that the price was consigned in Court on or about July 27, 1943; that on or about December 13, 1943, defendant Viduya "unlawfully and maliciously" sold the property in litigation to his "compadre" Lim Bun Hioc who is an alien and disqualified to aquire land by purchase. Plaintiff prayed that the defendant be ordered to execute in his favor the corresponding conveyance and that the sale to Lim Bun Hioc be cancelled for "being unconstitutional and illegal", that Lim Bun Hioc be ordered to surrender the property to the plaintiff; and that both defendants be sentenced to pay P20,000 damages.