( 1 ) THIS is a plaintiff's appeal which arises out of a suit brought by him for specific performance of a contract for the sale of the property in suit. The relevant facts are almost all admitted ones.

( 2 ) PREMISES No. 83, Bagmari Road in the eastern suburbs of Calcutta originally belonged to the plaintiff and his co-sharers. The northern portion of the said premises came to be possessed by the plaintiff alone. On or about 4-2-1941 the plaintiff executed in favour of the defendant company, a conveyance in respect of the separated northern portion of the said premises for and consideration of Rs. 10,000/ -.

( 3 ) THE plaintiff's case is that he was in urgent need of Rs. 10,000/ -. He had proposed to the defendant Company for an advance of Rs. 10,000/- on the security of the said property. The defendant refused to accept the property on mortgage but was agreeable to pay Rs. 10,000/-on the plaintiff executing a conveyance in respect of the said property. The defendant also agreed to execute an agreement for re-sale simultaneously with the execution of the conveyance for a consideration of Rs. 10,001/- on condition that the said consideration was paid and the