( 1 ) THIS appeal is against the judgment of Guha J. dismissing in second appeal the plaintiff's suit for specific 'performance. On 26-5-1943, the plaintiff Fazaladdin Mandal and his two brothers gave maurashi lease of. 57 acre of land to Panchanan Das, the defendant, on receipt of a selami of Rs. 50/-, the rent reserved being Rs. 3/- per year. The three lessors executed a potta 'in favour of Panchanan while Panchanan in his turn executed on the same day a kabuliat in favour of the three lessors. Both these documents were registered on that very day. The appellant brought this suit on the allegation that simultaneously with the lease there was an agreement between him (Fazaladdin) and Panchanan that if within six years from that date, namely, 26-5-1943, Fazaladdin paid Rs. 50/- to Panchanan, Panchanan would convey the leasehold interest acquired by him' in favour of Fazaladdin; but that in spite of repeated requests to pirn thereafter to convey the leasehold On accepting from him the sum of Rs. 50/-, Panchanan did not accept the money and did not execute the conveyance. The plaintiff asks for a decree for specific performance of contract to execute the conveyan