Tarkeshwar Nath, J.

1. This appeal by defendant No. 2 (defendant second party) arises out of a suit for specific performance of contract and recovery of possession.

2. The plaintiffs case was that defendant No. 1 had 2.23 acres of land in village Majrohi and 1 bigha 10 kathas of land in village Tarwa, described in Schedule I of the plaint. On the 22nd Magh 1362 Fasli corresponding to the 30th of January, 1955, defendant No. 1 contracted to sell these lands to Dwarkanath Tewary (who was originally the plaintiff, but later on died during the trial) for Rs. 3,130, and he executed a deed of contract the same day on taking Rs. 930 as earnest money. Defendant No. 1 stipulated to execute the sale deed by Bhado 1362 Fasli, and he put Dwarkanath Tewary in possession of those lands. On the 23rd April, 1955, defendant No. I received a further sum of Rs. 1,200 out of the amount of consideration.

On the 6th September, 1955, Dwarkanatli sent a notice to defendant No. 1 to execute a sale deed, but he did not do so, and it transpired that he had already executed a sale deed in favour of defendant No. 2 on the 4th February, 1955, in respect of those lands. Defendant No. 2 had knowledge of t