( 1 ) THIS appeal arises out of a suit for specific performance of an agreement for execution of a Dar Mourashi pattah by the defendants in favour of the plaintiff.

( 2 ) THIS litigation lay in its embryo in a deed of agreement alleged to have been executed by one Sailendra Nath Mitra, predecesor-in-interest of the defendants, in favour of plaintiff Bepin Behari Das as early as 7-3-1921. Admittedly, the plaintiff took settlement of 10 bighas of land in village Konnagar in Hooghly District from Sailendra Nath Mitra for a term of 25 years at an annual rent of Rs. 300/- for the first 12 years and thereafter at Rs. 450 /- per annum for the next 13 years. The relevant pattah and kabuliyat were executed by the two parties on 6-8-1918 (21st Sravan 1325 B. S. ). The term of the lease wag to expire with the end of the Bengali year 1348. The suit land is used for the purpose of manufacture of bricks and tiles and it is admitted that the plaintiff's predecessors had been in possession of the same at least from 1289 B. 3. The plaintiff alleged in his plaint that during the subsistence of the lease Sailendra Nath Mitra executed an agreement in favour of Bepin Behari Das