Judgment

PATHAK, J. :- This appeal by special leave is directed against the judgment and decree of the High Court of Bombay in a suit for specific performance of a contract.

2. The appellant brought Civil Suit No. 217-A of 1958 in the Court of the Civil Judge, Amravati alleging that one Mohsinali and Qurban Hussain had entered into an agreement for sale in his favour on September 11, 1956 for the sale of a plot measuring 100 feet by 10 feet for a sum of Rs, 4,000. It was asserted that he had paid Rs. 1,000 as earnest money and the balance was to be paid on registration of the sale deed. Of that balance, a further Rs. 2,000 was paid later. Subsequently, it is pleaded, Mohsinali informed the appellant of the pendency of Civil Suit No. 13-A of 1956 between himself and certain others including Umarsha and Girjashankar, for declaration of title and for possession, upon which the appellant then executed a further document dated November 18, 1957 by which he agreed that in case the said Civil Suit No. 13-A of 1956 resulted in a settlement confirming Mohsinalis ownership and allowing him possession of the site he would pay Mohsinali the balance of Rs. 1,000 as agreed earlier and would obtain