R. N. Sahay, J.

1. The suit to which this appeal relates was brought by the present appellant on 2-9-1971 in the court of Munsif, Darbhanga against upendra Yadav for specific performance of agreement of sale dated 25-2-1971 whereby the defendants had agreed to transfer 4 kathas 1/2 dhurs of land situated in village Bhagwatipur in the district of Darbhanga. The defendant had admitted in his written statement that he had executed written agreement but contested the suit on the plea that the plaintiff had paid only Rs.200 as an advance but failed to pay the balance consideration of Rs.300 within a month of the agreement as promised for the reason that he could not arrange for money. The plaintiff was ndver serious and never offered the balance of consideration money or ever demanded execution of sale deed. The defendant being in dire necessity of money contracted with other buyers.

2. On 19-4-1972 Upendra Yadav executed two sale deeds in respect of the suit lands in favour of Sogarath Yadav and Jagdish Yadav, respectively. The plaintiff by amendment of the plaint impleaded the aforesaid transferees. There was possibility of the suit being decreed in favour of the plaintiff if