BINDRA, J.:- This second appeal by two out of four defendants arises out of a suit filed by Kumode Bandhu Deb for specific enforcement of an agreement dated 28-3-1960 executed by the defendant No. 1 Mangalia Munda in his favour and in favour of Upendra Chandra Das. The suit was dismissed by the trial Court but was decreed on appeal by the learned Additional District Judge, Tripura.

2. The plaintiff alleged that on 28-3-1960 an agreement in writing, which was duly registered, was concluded between him and Upendra Chandra Das on one hand and Mangalia Munda on the other respecting 8 kanis of land situate in village Chaliajala. The sale price was settled at Rs. 1,000/- out of which Rs. 300/- was paid as earnest money. It was agreed that Mangalia Munda would execute sale deed within the next three months on receipt of the balance sum of Rs. 700/-. It was alleged further that it was also settled that the plaintiff would purchase 6 kanis and the defendant No. 2 would go in for 2 kanis, and that the advance payment of Rs. 300/- made to Mangalia Munda was contributed in that share by the plaintiff and the defendant Upendra Ch. Das.

However, the plaintiff pleaded further, at the insta