( 1 ) THIS is an appeal under Clause 15 of the Letters Patent directed against a judgment and decree dated July, 13, 1971, passed by a learned single judge of this Court in an appeal from appellate decree No. 38 of 1964. Defendant No. 8 is the appellant before us who lost throughout.

( 2 ) THIS appeal arises out of a suit for specific performance of a contract and injunction. The plaintiff/respondent instituted the suit on the allegation that defendant No. 1, the mother and as such natural guardian of minor defendant Nos. 2 to 7 entered into an agreement with the plaintiff for self and on behalf of the minors to sell the suit property for a consideration of Rs. 1,275/- by accepting an advance of Rs. 500/- to meet certain antecedent debts during the last illness of her deceased husband, the father of defendant Nos. 2 to 7 and executed and registered a Bainapatra on Dec. 12, 1960; it was stipulated in the agreement that defendant No. 1 having herself appointed the certificated guardian of the minors would execute the deed of sale within six months; that simultaneously the plaintiff was put into possession of the suit land on settlement under a Kabuliat dated 1st Pou