V.RAMASWAMI, J.

(1) THE sole question involved in this appeal is whether a plaintiff suing for a declaration that a certain contract against him is void and inoperative having been obtained by undue influence, can in the same suit in the alternative ask for the relief of specific performance of the same contract.

(2) ON October 26, 1956 Pt. Prem Raj, the appellant, entered into an agreement with Shri Moti Ram Bhalla, respondent No. 2 for the purchase of lands from Shri Lila Ram, father of the appellant at the price of Rs. 1,025.00 per bigha on the terms and conditions mentioned therein. On December 18, 1956, the appellant and respondent No. 2 entered into a partnership to carry on the business of buying and selling lands and developing the same under the name and style of "L.M.G. Colonisers and Traders". Subsequently, on January 2, 1957 the said firm "L.M.G. Colonisers and Traders entered into a deed of partnership with D.L.F. Housing and Construction (P) Ltd.. respondent No. 1 herein to carry on the business of purchasing and developing the lands into a residential colony and to sell the same in plots either by auction or by tenders or in any other man