Sinha, J.

1. The plaintiff is the appellant, and the appeal arises out of a suit for specific performance of a contract for sale and for possession of the suit lands. Defendant 1 is the grandmother of defendant 2. Defendant 2, then a minor, entered into a contract for sale with the plaintiff in respect of 3 bighas 14 kathas 21/2 dhurs of land in village Baruraj, district Muzaffarpur, for a consideration of Rs. 1,000/-.

The stamps for the sale deed were purchased and the document was executed by defendant 1 for self and as guardian for defendant 2, and a .sum of Rs. 555/- was paid by the plaintiff out of the consideration money. The plaintiffs case further is that defendants 1 and 2 are residents of village Sisai, and these lands in suit were in village Baruraj.

The defendants wanted to sell off their lands in village Baruraj and buy lands in village Sisai. In September 1945, the defendants needed money for taking settlement of 12 kathas of land in village Sisai for a consideration of Rs. 1,300/-. Defendant 1 went to the Registration office on 21-9-1945, along with the plaintiff, but the document could not be registered on account of the absence of the Sub-Registrar.

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