P. N. MOOKERJEE, J.

( 1 ) THIS is the defendant's second appeal, arising out of a suit for specific performance. In the view, which we are taking it is not necessary to go into any controversial question of fact, inasmuch as the case has to be remanded to the Court of appeal below for re-hearing and further consideration, as the appeal before it, out of which this instant second appeal arises appears to have been disposed of on a point of law, more or less of a preliminary nature, upon a wholly wrong view of the same.

( 2 ) THE facts, relevant for our present purpose, stand as follows : The suit property originally belonged to defendant No. 1 Padmabati. According to the plaintiffs, Padmabati agreed to sell the said property to the plaintiff Nos. 1 and 2, who were respectively the wives of plaintiffs Nos. 3 and 4. The alleged stipulated price was Rs. 599/- and the agreement in Question was stated to have been made on January 27, 1950, when Padmabati took Rs. 100/- from the plaintiffs Nos. 3 and 4, in part-payment of the aforesaid stipulated price, under the aforesaid agreement. According to the plaintiffs, the balance of the consideration money, viz. Rs. 499/-, was paid to Padmaba

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