JUDGMENT

SEN, J. :— This appeal on certificate is directed against the judgment and decree of the Gujarat High Court dated February 1, 1971 reversing those of the Civil Judge, Senior Division, Surendranagar dated January 31, 1961, and decreeing the plaintiffs suit for specific performance.

2. Put very shortly, the essential facts are these. By an agreement in writing (Exh. 26) dated October 19, 1949. the appellant who was the defendant entered into an agreement to purchase two plots of land admeasuring 491 and 1599 square yards situate in Village Dudheraj recorded as Girasdari agricultural land of which he was the tenant @ Rs. 2.50 per square yard from the Girasdar, Rana Mohabat Singh and paid Rs. 1,001/- by way of earnest money in lieu thereof. The agreement stipulated that the vendor Rana Mohabat Singh was to apply for permission from the Collector to convert this agricultural land into village site i.e. for non-agricultural use. The sale-deed was to be executed by Rana Mohabat Singh after he had obtained the requisite permission from the Collector. Within about a month therefrom i.e. on November 14, 1949, the appellant by a contract (Exh. 25) covenanted to sell the same property