JUDGMENT

Lancelot Sanderson, C.J. - This is an appeal from the judgment of my learned brother Mr. Justice Greaves whereby he appointed a Receiver in a suit upon an application of the plaintiff Company. The suit was brought by the plaintiff Company praying that the defendant might be ordered and decreed to carry out the agreement referred to in the plaint and to execute and register the conveyance and for a decree for the sum of Rs. 88,280, being the expenses incurred by the. plaintiff Company in carrying on the estate from the 1st January 1920 to the 14th January 1921 and for the sum of Rs. 1,500 per week from the 14th January 1921 until the defendant would take possession of the said estate less the sum which is referred to in the prayer and for the sum of Rs. 7,800, odd as interest or by way of damages, or, in the alternative, in the event of the Court deciding that the plaintiff Company was not entitled to specific performance for damages.

2. It appears that the Company was-carrying on the business of tea planters in Assam and owned and worked an estate in Assam known as the Eraligool Tea Estate. It was alleged in the plaint that the defendant agreed to purchase the estate for Rs.