Rai, J.

1. The plaintiffs have come up in second appeal before this Court against the judgment and the decree of the Additional District Judge of Purulia upholding the judgment and the decree of the Subordinate Judge of Dhanbad.

2. The plaintiffs filed the suit out of which the present appeal arises for specific performance of an agreement directing the defendants to execute a lease of coal mining rights described in the schedule attached to the plaint on terms and conditions specified in a draft lease. The case of the plaintiffs was that the estate of defendants 1 and 2, namely, Siarsol Raj Estate, was under the supervision of the Court of Wards. In 1943 defendant No. 1, Kumar Pashupatinath Malia, was working as an Honorary Manager of the estate under the Court of Wards. In February 1943 the plaintiffs addressed a letter to the Manager Court of Wards for Siarsol Raj Estate, proposing for grant of lease of 41 bighas of coal lands in Mauza Bhaljhuria. After some correspondence defendant No. 1, in his capacity as the Manager of the Estate under the Court of Wards, agreed to settle the lands to the plaintiffs. In accordance with the settlement, the plaintiffs sent a cheque for