Imam, J.

1. In this appeal the plaintiff appeals against the decision of the Subordinate Judge of Purulia dismissing his suit for specific performance. His case was that there was an agreement to sell certain holdings between him and Dolegobind Ghose, defendant 1, for the sum of Rs. 17,999/-. This price was settled on 10-3-1948, and in pursuance of this agreement a sum of Rs. 33778/- was paid to de-fendant 1 for purchase of the requisite stamp paper for the drawing up of a sale-deed. Defendant 1 handed over the sum of Rs. 337/8/- to Ram Sun-dar Kundu, a deed-writer of Purulia, who was to purchase the stamp paper from the local treasury.

The stamp paper was accordingly purchased and a sale-deed was actually written out-and executed. After execution defendant 1 demanded the cost of registration from the plaintiff who handed over to Ram Sundar Kundu the sum of Rs. 70/-for that purpose. All this happened on 10-3-48. Thereafter on the same day the parties went to the Registration office. Defendant 1 and Ram Sundar Kundu went inside the office. The sale-deed, however, could not be registered as the Sub-Registrar was going out on commission. Defendant 1, however, was requiring mon