H.Mahapatra, J.

1. This appeal by the plaintiff arises out of a suit for specific performance of an agreement for sale executed by the defendant on July 13, 1955 in respect of 8 bighas 17 kathas 16 dhurs of land out of plot No. 2144 under khata No. 2 in tauzi 2703 of Saran Collectorate for Rs. 8,001/-. This document has been marked as Exhibit 1. On the date of the execution of this agreement, Rs. 2000.00 was paid as a part of the consideration money to the defendant. Rupees 3,810.00 was to be left in deposit with the plaintiff for redemption of several zarpeshgi deeds in favour of others. Rupees 974-12-6 was also to be left with him to pay the decretal dues of one Ramautar Singh.

Another sum of Rs. 213-13-6 was to be paid for another decretal dues of Bhuteli Pandey, brother of the plaintiff. The balance of Rs. 1,002-6-0 was to be received by the defendant in cash at the time of the execution of the sale deed. This agreement was executed at Durgapur where the plaintiff works as a contractor, and it had been agreed between the parties that when the plaintiff would come to the village to which both he and the defendant belong, the sale deed would be executed, but when the plai