1. THIS appeal arises out of a suit for specific performance of an agreement for sale. The appellant is the assignee of the original plaintiff Bishnupada Bose.

2. THE property in suit belonged to one Nemai Chandra Banerjee, the brother of the defendant No. 1 Nirmal chandra Banerjee. By an agreement dated February 24, 1950, Nirmal Chandra Banerjee agreed to sell the property to the plaintiff for a consideration of Rs. 10,000/ -. It is recited in the agreement that his brother Nemai suddenly disappeared on May 21, 1946. He was suffering from various ailments. He made searches for his brother but he could not be traced. He believes that his brother is not alive and that he has committed suicide. Further, it is stated that after the death of his brother he is his only heir and that he has been in enjoyment and possession of the disputed property. In order to be sure as to the death of his brother he agreed to defer the execution of the sale deed till six months after May 21, 1953. On the date of the agreement the plaintiff paid a sum of rs. 2,500/- to his vendor Nirmal Chandra Banerjee on account of earnest money. It is the plaintiff's case that although he was ready and willin