( 1 ) THIS is an appeal by the plaintiff and is directed against a judgment and decree passed by the Additional Subordinate Judge, Fourth Court, 24-Parganas in Title Suit No. 12/1948/171/1946 of his Court.

( 2 ) THE suit was instituted by the plaintiff for a declaration that a, certain contract between himself, and the respondent was subsisting at the date of the suit, and he was entitled to get a decree for specific performance of it by having a conveyance from the respondent. It will be seen later that although the suit was brought as a declaratory suit the substantial relief which could be given to the plaintiff in this case is a decree for specific performance of the alleged contract.

( 3 ) THE suit was contested by the respondent and it was dismissed by the trial Court on the ground that in this case time was of the essence of the contract, and the, defendant was justified in avoiding the contract because of the failure of the plaintiff to perform his part of the contract witnin the time stipulated in it. The plaintiff has preferred this appeal against the above judgment and decree.

( 4 ) THE points requiring decision in this appeal are: (1) Was time