P. B. MUKHARJI, J. : This is a plaintiffs appeal from the judgment and decree of P. C. Mallick, J. dismissing the plaintiffs suit for specific performance of an agreement to sell premises No. 168. Bowbazar Street, Calcutta, for a sum of Rs. 1,30,000/-.

2. The learned trial Judge dismissed the suit on the ground first that there was no concluded contract between the plaintiff and the defendant and secondly that the plaintiff as a purchaser was not acceptable to the defendant vendor. The appellant has attacked the judgment on both the grounds.

3. The case of the respective parties lies within a small compass. The plaintiff appellants case is that on the 4th January, 1946, an agreement was concluded in Calcutta whereby the plaintiff agreed to buy and the defendant agreed to sell premises No. 168, Bowbazar Street, Calcutta, free from encumbrance and subject to the title being found good and marketable for the price of Rs. 1,30,000/-. The appellants further case is that it was agreed that a formal document only evidencing the said agreement would be drawn up and executed between the parties. The plaintiff pleads that the defendant company wrongfully and unreasonably revoked the s