P. N. MOOKERJEE, J.

( 1 ) A short point requires consideration in the Second 'appeal. The point is not altogether free from difficulty but it appears to be covered by certain decisions of this Court, to which, reference will be made in the course of this judgment, and, giving the matter my best consideration, I have myself reached the same conclusion as found favour with the learned Judges on these previous occasions, and, as that conclusion favours the plaintiff-respondent, this appeal must eventually fail.

( 2 ) THE appeal arises out of a suit for specific performance of a contract to settle the suit lands at an annual rental of Rs. 70/- per annum on re ceipt of a selami of Rs. 700/ -. The suit lands belonged to Defendants Nos. 1 to 4. On 28th Ashar, 1364, B. S. , Defendant No. 5 Nibaran Chakrabarty who was an officer of Defendants Nos. 1 to 4, under due authority from them, accepted the plaintiff's offer to take settlement , of the suit lands on the above terms arid received from him a sum of Rs. 100/- towards the selami. This was followed' by payment of the balance selami of Rs. 600/- on 3rd Sraban following, when a further- sum of Rs. 40/- was also paid by the plaintiff to N

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