Judgement

Appeal (No. 82 of 1927) from a decree of the Court of the Judicial Commissioner, Central Provinces (August 22, 1925), setting aside a decree of the District Judge, Nimar, which reversed a decree of the Subordinate Judge of Khandwa.

The suit was brought by the appellant against the respondent for specific performance of an agreement; he claimed an order that the respondent should execute a sale deed of a certain village, and alternatively repayment with interest of Rs. 5000 advanced by him together with compensation.

The facts of the case and the decisions of the Courts in the Central Provinces appear from the judgment of the Judicial Committee.

April 16. Dunne K.C. and Parikh for the appellant. By the Code of Civil Procedure, ss. 100, 101, the finding of the District Judge that the agreement was not extortionate or even harsh was binding in the second appeal Durga Choudhrain v. Jawahir Singh Choudhri. (( 1890)

L. R. 17 I. A. 122, 127.) In any case, having regard to Raghunath Prasad v. Sarju Prasad (( 1923) L.

R. 51 I. A. 101.), there was no ground for holding that the bargain was unconscionable. The decree for specific performance should have been affirmed. Under the expl