S. Sarwar Ali, J.

1. This appeal raises some interesting questions relating to a suit for specific Performance of contract. The plaintiff who is respondent no. 1 in this appeal, filed a suit for specific performance of contract on the allegation that defendant no. 1 on behalf of the joint family entered into a contract to sell the lands described in Schedule A of the plaint for a consideration of Rs. 60,000/-. In the alternative there was a claim for damages amounting to Rs. 31,500/-.

2. The case of the plaintiff, as made out in the plaint, is that the suit land belonged to one Jiwan Das Arya who sold the same to defendant no. 1 and his nephew Sundar Das Karsondas, the father of defendants 2 to 4 and husband of defendant no. 5, who constituted members of a joint Hindu family. Sundar Das Karsondas died in 1952 leaving behind defendants 2 to 5, who continued to possess the land in question with defendant no. 1. Defendant no. 1 is stated to be the Karta of the joint family. The joint family stood in need of money for legal necessity and defendant no. 1 on behalf of the joint family entered into a contract to sell the land in the suit for a consideration of Rs. 60,000/-. It was