( 1 ) THIS appeal is at the instance of the plaintiff, Siddheswar Prasad Singh and it arises out of the judgment and decree dated 31st of July, 1971 passed by the Additional District Judge, First Court, Alipore in Title Appeals Nos. 727 and 735 of 1970 (heard analogously and disposed by the same judgment) reversing the judgment and decree dated April 27, 1970 passed by the Subordinate Judge, 5th Court, Alipore in Title Suit No. 62 of 1966.

( 2 ) THE plaintiff appellant brought an action against the defendant No. 1, Bhaba Sundari Pramanick Sha and defendant No. 2. Bamadhar Sha Kalwar for specific performance of the contract of sale of the suit property comprising of 8 cottahs of land with pucca structures and khola tile sheds executed by the defendant No. 1 in favour of the plaintiff on 1st of Ashar, 1373 B. S. corresponding to June 16, 1966 stipulating to sell the said property for the consideration of Rs. 7,000 free from alt suits or Rs. 6,000 with all encumbrances within Sravana, 1373 B. S. and received an earnest money of Rs. 4,000. There was also prayer for an injunction against the defendants Nos. 1 and 2 from interfering with any right of the plaintiff as well