( 1 ) THE Plaintiff instituted the suit for specific performance of an Agreement dated 1st Oct. 1994. The Agreement is for sale and delivery expit mouth of the entire Manganese ore and Iron ore from the mine at Ingani Jharan Village in the district of Keonjhar, Orissa.

( 2 ) THE aforesaid Agreement provides the price at which ores were to be sold by the defendant to the plaintiff and also records in Clause 6 (a) that the plaintiff has already paid an advance amount of Rs. 15,00,000-00 to the Defendant, the receipt whereof the Defendant acknowledged in the said Clause, which was to be treated as advance against purchase and to be adjusted from out of the sale price payable by the plaintiff to the Defendant. Clause 12 of the said Agreement provides as follows: "first Party solemnly declares and agrees that he shall not sell or otherwise part with or dispose of any Manganese and Iron ore from the Mine and the Buyer shall be the sole and the only Buyer of all the Manganese and Iron ore from the Mine for and during the continuance of this Agreement. "

( 3 ) MR. Jayanta Mitra, the learned Advocate on behalf of the Plaintiff has submitted that the aforesaid Clause 12 of the