P.B.GAJENDRAGADKAR, J.

(1) THE appellant Pandit Ishweri Prasad Mishra sued the respondent Mohammad Isa for the specific performance of an agreement of sale executed. by him on the 18/05/1950,in the court of the 1st Additional SubJudge, Muzeffarpur. By the said agreement, the respondent had promised to execute a sale-deed in favour of the appellant in respects of his house situated at Sitamarhi Bazar, Sitamarhi. The appellants claim was decreed by the trial Court which ordered the respondent to execute a sale-deed, within a month from the date of the decree on receipt of Rs. 400.00 which is the balance of consideration remainig to be paid to him. The respondent challenged this decree by an appeal before the Patna High court, and his challenge has succeeded. In the result, the decree passed by the trial court was reversed and the appellants suit dismissed with costs throughout. It is against this decree that the appellant has come to court with a certificate issued by the Patna High court; and so, the principal question which arises in the present appeal is whether the agreement on which the appellants suit is based is genuine, valid and for consideration.

(2) THE subje