( 1 ) M/s. Santosh Chandra Banerjee and Sons Private Limited (referred to as the company) was heavily indebted to the appellant. The company was under the management of the respondent's husband and father-in-law. In payment of a debt of Rs. 91,917. 65, the respondent on 3rd Nov. 1967 agreed to sell Premises No. 24/1, Mandeville Garden (referred to as the premises) to the appellant for a total consideration of Rs. 1 lakh. The premises consists of a two storyed brick built residential house and 7 cottahs, 1 chittacks and 43 sft. of land. The consideration for the sale was to be paid partly by way of adjustment of the debt of Rs. 91,917. 65 claimed by the appellant against the company and the balance sum of Rs. 9,908. 37 by cheque at the time of execution and registration of the conveyance. However, on the request of the respondent, the amount of Rs. 9,908. 37 was also made over by the appellant to the respondent.

( 2 ) THE respondent having failed to complete the sale, in 1969 the appellant filed a suit with leave under Clause 12 of the Letters Patent for specific performance of the agreement dated 3rd Nov. 1967, a decree for damages amounting to Rs. 15,826. 62 and f