( 1 ) THIS is a second appeal arising out of a suit for specific performance instituted by the plaintiff Satyanarayan Ghosh, a major, against the first defendant Dasarath Gayen, a major and 9 other defendants of whom seven are minors represented by their natural guardian and father. The first defendant alone is the main defendant. The rest of the defendants from 2 to 10 including these minors are only pro forma defendants. The suit was decreed against the first defendant and he was called upon to execute the conveyance at the plaintiff's costs in favour of the plaintiff within one month from the date of the decree, in default of which execution the plaintiff would have it executed through the Court at his costs.

( 2 ) THE first defendant appealed to the learned District Judge who dismissed his appeal on the 24th April, 1961 and also dismissed some of the cross-objections which were not pressed. The learned District Judge confirmed the decree passed by the learned Subordinate Judge. The appellant, the first defendant, preferred the second appeal to this Court on the 13th May, 1961.

( 3 ) FOUR main points have been argued before us in this second appeal. They ar