Barin Ghosh, J.

1. A suit for specific performance of a contract for sale of an immovable property was decreed by the trial court. The appeal against such decree having been dismissed, the present Letters Patent Appeal has been filed.

2. The widow of Shyam Bihari Singh, Mostt. Mahtab Kuer, succeeded him as his sole heir and legal representative and accordingly, became owner of the properties left by Shyam Bihari Singh. The defendants in the suit were the heirs and legal representatives of the brother of Shyam Bihari Singh, late Banwari Singh. Mostt. Mahtab Kuer executed a deed of mortgage in October, 1973 and thereby mortgaged a part of her properties. On 3.11.1973 the subject agreement, specific performance whereof had been sought for, was executed by the Mostt. Mahtab Kuer agreeing to sell two bighas 9 kathas and 11 dhurs of land for a consideration of Rs. 20,000.00 in respect whereof a sum of Rs. 15,000.00 was paid to her and was accepted by her. The balance amount, of Rs. 5,000.00 was to be paid to her at, the time of execution of the sale deed in the first week of January, 2004. Neither the deed of mortgage, nor the agreement contained signature of Mostt. Mahtab Kuer.