This appeal has been filed by the plaintiff whose suit for specific performance of a contract for sale was decreed by the Assistant District Judge and, on appeal by the defendants, dismissed by the first appellate Court, the Additional District Judge, Cachar, Silchar,

2. The ease of the plaintiff was that on 2.8.71 the defendant No. 1 Manindra Chandra Das entered into an agreement with him by executing a Bainapatra or Bainama (agreement for sale) to sell a plot of land with houses standing thereon for a sum of Rs. 8,000/-. He received Rs.1,825/-as earnest money and delivered possession of the land and houses to the plaintiff on that very day. Under the terms of the agreement, the plaintiff was to pay the balance amount of Rs. 6,175/- on or before 11.8.71 and the defendant No. 1 was to execute and register a sale deed in his fovour. Accordingly, with previous information to the defendant, the plaintiff went to Hailakandi on 11.8.71 with a sum of Rs. 6,175/- and stamp papers worth Rs. 200/-. He waited there for the defendant No. 1 from 10 AM to 3PM, hut the defendant did not turn up to receive the balance amount and execute the sale deed in terms of the agreement to sell. The plaintif

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