Sir Lancelot Sanderson -

This is an appeal by the plaintiffs in the suit against the judgment and decree of the High Court of Judicature at Allahabad, dated 2nd April 1924, whereby the judgment and decree of the Court of Subordinate Judge of Cawnpore, dated 8th July 1921, was reversed.

The suit was instituted on 3rd August 1920. The plaintiffs alleged that on 3rd December 1919, at Patehpur, Kishori, defendant 1, entered into a contract with Gobind Prasad, plaintiff 2, who was acting for both the plaintiffs, for the sale of mouza Rithuan, permanent mahal of 16 annas of Kishori Saran, and his eight annas' share in the fluctuating mahal. The plaintiffs claimed specific performance of the alleged contract. The defendant Kishori, and the other three defendants, who were subsequent purchasers of the property in suit from defendant 1 in August 1920, denied the alleged contraot between Kishori and the plaintiffs.

The learned Subordinate Judge decided in favour of the plaintiffs and directed that, on the plaintiffs paying Rs. 42,000 within one month, their claim for possession should be decreed with costs against all the defendants, that the deed conveying the property to defendants 2, 3 and