JUDGMENT

A. ALAGIRISWAMI, J. :— The appellants were the defendants in a suit filed by the respondent for specific performance of an agreement entered into by them to sell a house belonging to them in Bhopal. The agreement, Ex. P. - 1, is dated 17th September 1959 and reads as follows :

"Today i.e. on 17-9-1959, one house in which I am living situate at Gojarpura, I agree to sell the entire house apart from the side-portion of the door which has been given to the maternal uncle according to the religious law of MOHAMMADANISM, for a consideration of Rupees 31,375/- (i.e. thirty one thousand three hundred and seventy five rupees) to Seth Sanwaldas son of Motilal Sarraf Chouk with the consent of my sister. The entire door is included in the said house. I have realised a sum of Rs. 2000/- (i.e. two thousand) as an earnest money. No other (person) has a right (in that house) and there is no necessity of any advice. Tomorrow morning you consult your pleader and get PACCI receipt executed and shall have no objection.

Finis.

Sd/- Shaharyar Bano Begum daughters of late Sardar Akbar Khan

Sd/- Sarwar Bano

Witness :- Sd/- Ramnarayan Singh Chouk (in Hindi)

Sd/- Ramprakash (in English)."

The trial Court