K.Ahmad, J.

1. The matter in controversy in this case is the specific performance of a contract, as covered by; the registered document dated 15-6-1943. Thereunder defendant No. 1 the proprietor of the eight annas interest in touzi No. 744/34 had agreed to give in perpetual lease his half share in 32 bighas of Zirat and bakasht lands of that tauzi lying inkhata No. 618 to two persons (1) Jamuna Prasad . Sahu (Plaintiff No. 1) and (2) jagarnath Prasad Sahu (originally defendant No. 2 and subsequently transposed to the category of plaintiff No, 2) on terms as stated thereunder.

Two of those terms were that that the Settlees in return would pay rent for it at a fixed rate of Re. 1 /- per bigha and nazanina at the rate of Rs. 1162-8-0 per bigha. It seems that at that time the defendant appellant was hard-pressed for money, as he had to make payment of a mortgage decree, which was then under execution against him on behalf of two persons (1) Ramji Singh and (2) Ragho Singh; and it has for that that he had decided to part with some of his bakasht and zirat lands.

But at that time those zirat and bakasht lands were in the possession of his rehandars and one of the terms agreed upo