( 1 ) THIS appeal is directed against the appellate judgment and decree in Regular Civil Appeal No. 41 of 1961 decided by Mr. D. A. Desai District Judge Baroda.

( 2 ) THE facts of the case briefly stated are as under. The defendant No. 1 owned a piece of land in the Wadi locality of the city of Baroda. He farmed out plots in that piece of land and started selling them as building sites. There were several rows of plots known as A B C and so on. Row C contained 10 plots which were numbered as C-1 to C-10. On 26th August 1958 the plaintiff entered into an agreement of sale with the defendant No. 1 for purchasing plot C-5. The defendant No. 1 agreed to sell it to her for a sum of Rs. 326. 25 p. The agreement of sale is evidenced by receipt of payment Ex. 43 under which on 27th August 1958 the plaintiff paid to the defendant No. 1 a sum of Rs. 51/as earnest money. On 3rd March 1959 the balance of 275. 25 p. was paid by the plaintiff to the defendant No. 1. It is the plaintiffs case that thereafter the defendant No. 1 did not execute the sale-deed inspite of the plaintiffs attempts to get it executed by him. The plaintiff therefore filed Regular Civil Suit No. 1252 of 195