JUDGMENT

Mukherjea, J. - The facts giving rise to this appeal may be shortly stated as follows. The Appellant Dindayal Shah owned two plots of land at Khidirpore which were acquired by the Trustees for the Improvement of Calcutta. After acquisition the Appellant was allowed to remain as a tenant in occupation of both these plots of land under the Trust. In March, 1928, there was an agreement arrived at between the Appellant and the Trust under which the latter agreed to sell these plots of land to Dindayal at a certain price. The transaction, however, was not completed and in 1935, Dindayal as Plaintiff brought a suit against the Trust restraining them from selling these two plots of land to anybody else except the Plaintiff. The suit was registered as Title Suit No. 99 of 1935. The trial Court dismissed the suit and against that an appeal was taken to this Court which ended in a consent decree on the basis of a solenama, dated the 5th of June, 1939. The terms of the compromise decree in substance were: that the Trust will convey the bigger of the two plots which was marked B in the plaint to the Plaintiff Dindayal on receipt of a consideration of Rs. 1,31,692-8. The Plaintiff's cla