JUDGMENT

DESAI, J.:— This appeal by special leave by the original plaintiff questions the correctness of the decree dismissing her suit for specific performance of contract for sale of premises No. 88-A, Rash Behari Avenue Calcutta, entered into between her and deceased Smt. Paribala Das on 8th Feb. 1956 for a consideration of Rs. 46,000/-. The agreement of sale, Ext. I, recites that Rs. 1001/- were paid as earnest money and subsequently the defendant vendor received a further sum of Rs. 2,000/- from the plaintiff intending purchaser. Various terms of agreement would be referred to in the course of this judgment. The plaintiff filed the suit for a decree for specific performance of the contract alleging that even though she is ready and willing to perform her part of the contract the defendant No. 1 has not completed the transaction and, therefore a decree for specific performance should be made in favour of the plaintiff. In this suit she impleaded vendor defendant No. 1 and her son Hrishikesh Das as Defendant No. 2. The suit was resisted by the defendants, inter alia, contending that the plaintiff was not ready and willing to perform her part of the contract more particularly say