( 1 ) THIS is a plaintiff's appeal and arises out of a suit for specific performance of a contract of reconveyance in respect of the property described in the plaint.

( 2 ) ON the 23rd April, 1937, the plaintiff executed in favour of defendant No. 1 a conveyance in respect of the property in suit for a consideration of Rs. 300/- On the same date an agreement was executed as between the parties under which defendant No. 1 agreed to reconvey the self same property in favour of the plaintiff. It was stipulated that if Rs. 300/- be paid in one instalment within the month of Chaitra before the expiry of the Bengali year 1348, the contract would be specifically enforced.

( 3 ) THE plaintiff came to Court with the story that he had offered to make the payment on the 7th Palgoon, 1348, B. S. , but that the defendant had refused to accept the same. On the 9th April, following, i. e. , before the end of Chaitra 1348, B. S. , the plff. served a registered letter upon defendant No. 1 through a lawyer but in spite of the same defendant No. 1 had failed and neglected to receive the amount, or to execute the deed of reconveyance. During the cadastral survey operations, defe