DAS GUPTA, C. J. :- This appeal from a judgment of Bachawat, J., by which he dismissed the appellants suit for specific performance of an agreement for lease of premises No. 219, Cornwallis Street, Calcutta and gave a decree for the refund of the sum of Rs. 7,201/-from the first three defendants, raises several questions of law of which two are particularly important and interesting. One of these is the question as to how far the provisions of S. 110 of the Transfer of Property Act that if no particular date of commencement of the lease is mentioned in the document creating the lease, the date of execution of the document should be the date of commencement of the lease, can be taken into consideration in arriving at a conclusion, where an agreement for lease mentions no date of commencement of the lease, whether any date of commencement has by implication been agreed upon. The other question is : How far delay in the plaintiffs institution of the suit for specific performance will disentitle him to such relief? The plaintiffs, Gostho Behari Sadhukhan and Sarat Chandra Sadhukhan, brought the suit on the averment that there was a concluded agreement by correspondence by whic