( 1 ) WE have heard Mr. Sudhis Dasgupta, learned Senior advocate appearing on behalf of the defendant No. 1/appellant and Mr. Utpal Bhattacharya, learned Advocate appearing on behalf of the plaintiff/ respondent.

( 2 ) BRIEFLY, the facts of the case are as follows:the plaintiff/respondent no. 1 filed Title Suit No. 174 of 1976 against the defendant No. 1/appellant and the defendant No. 2/respondent No. 2 praying, inter alia, for a decree for specific performance of contract. The said suit was placed before the learned Third Court of Subordinate Judge at Alipore. The plaintiff/respondent no. 1's case, briefly, was that the defendants being the joint owners of premises No. 122/iu, Monoharpukur Road, Calcutta-26 (a two storied pucca masonry building and comprising of an area of 2 cottahs and 18 sq. ft. of land) entered into an agreement for sale with the plaintiff in respect of the suit property i. e. the aforesaid premises, and executed an agreement for sale in favour of the plaintiff on 16. 01. 1976 and accepted an earnest money of Rs. 5001/- (five thousand and one), that the defendants further took a sum of Rs. 1,500/- (one thousand five hundred) from the plaintiff for p