Judgement

Appeal (No. 156 of 1923) from a decree of the High Court (March 26, 1923) reversing a decree of a Subordinate Judge at Alipur.

By a contract in writing dated September 15, 1919, the appellant agreed to sell and the respondent agreed to purchase the land described in the schedule thereto at the price of Rs.1,53,000 to be paid as to Rs.501 as deposit, and by way of earnest, and the residue upon completion. The schedules to the contract contained a description of two parcels of land in the suburbs of Calcutta, one (referred to as plot A) by estimation 11 bighas, 13 cottahs with tanks, and the other (plot B) 11 bighas, 4 cottahs and 2 chitrachs with tanks. The schedule stated the boundaries of each plot.

The terms of the contract as to requisitions and objections and other matters, drew no distinction between the two plots; and it was agreed that time should be of the essence of the contract and that completion should take place within fourteen days.

The appellant having failed to make a good title to plot B, the respondent brought the present suit claiming specific performance of the contract, or alternatively a refund of the deposit with interest, and damages for breach of