Judgment

Mukherjea J. This appeal is on behalf of the pltf. & it arises out of a suit for specific performance of a contract to sell a house in the town of Gaya, belonging to the defts. second party who, it is alleged, agreed to sell the house to the pltf. but subsequently resiled from the agreement & sold the same to the defts. first party who purchased it with notice of the contract.

2. The pltf s case, in substance, is that in September 1941 the defts. second party, who owned a house at Gaya, entered into negotiations for sale of the same, with one Jadu Ram, & the title deeds of the property were actually handed over to the latter. These negotiations failed & the second party defts. thereupon approached the pltf. firm & a contract was entered into by & between them some time towards the end of October 1945, under which the former agreed to sell to the latter their house at Gaya for a consideration of Rs. 34,000. Out of this consideration, a sum of Rs. 30,000 was paid by the pltf. firm on behalf of the vendors to a creditor of the latter on 28-10-1941. The vendors in their turn put the pltf. in possession of the house agreed to be sold in part performance of the contract & promis