1. The only point in this appeal is whether the plaintiff is entitled to specific performance of a contract of sale entered into by him with the defendant. At the relevant time, while the defendant No. 1 was a major, the defendant No. 2 was a minor and the contract was entered into on his behalf by his father. It may be mentioned that the property in question solely belonged to the defendants having been gifted to them by their relation and was not their joint family property. The lower appellate Court held on the authority of the decision in Mir Sarwarjan v. Fakruddin, ILR 39 Cal 232 (PC) (A), and several other decisions that the agreement was not binding on the defendant No. 2 because he was a minor at the date of the agreement and that consequently specific performance could not be decreed. It however ordered the defendants to refund Rs. 450/- which were paid by the plaintiff to them as earnest money.

2. It is not disputed that the defendants as well as their father are tailors by profession. The plaintiff has alleged in the plaint that they wanted to purchase a sewing machine and for that purpose they entered into the transaction of sale of khasra No. 334 (60) of mauz