Judgment

GROVER, J. :- This is an appeal by special leave from a judgment of the Patna High Court in a suit for specific performance of a contract for sale of certain properties described in Schedule 1 of the plaint.

2. The facts to the extent they are material may be stated. The suit which was filed by Babu Thakur Prasad Singh and others in 1943 was on the basis of a contract for sale made in 1931 by Saroda Charan Guha (deceased) defendant First Party in the suit and Babu Ambika Prasad Singh and others-defendants second Party to whom defendant first party had actually sold the properties in dispute. It was alleged, inter alia, in the plaint that the total sale consideration was Rupees 99,995/-. Out of that sum, Rupees 23,000/- had already been paid to defendant first party. It was further stated that defendant second party in spite of full knowledge of the agreement between the plaintiffs and the defendant first party purchased the suit properties for Rupees 1,63,400/- by means of deed of sale dated December 11, 1942. Among the reliefs which were prayed for were for a decree for specific performance being passed in favour of the plaintiffs against the defendants on payment of a sum