Bapna, J.—This is an appeal against the judgment and decree of the High Court of the former covenanting State of Jodhpur, and was filed before the Ijlas-i-khas and transferred to this Court by virtue of the provisions of Ordinance No. XL of 1949 read with Ordinance No. XII of 1950.

2. The respondent Hazarimal sued the appellant Jetharam for specific performance of a contract of sale of a house situated at Jodhpur and more particularly described in the plaint, on the basis of an agreement of sale Ex. P-1 dated 29th January 1941. Rugnath Das and his three sons were impleaded as defendants Nos. 2 to 5 as mortgagees of the property. Laduram and Jaitulal, sons of Jetharam defendant, and their minor sons were impleaded defendants Nos. 6 to 12 on their own application. Defendant No. 1 and defendant Nos. 6 to 12 filed separate written statements but have taken identical pleas. They contested the suit on the following grounds:—

(1) that Jetharam was a person of weak intellect and his signatures had been secured on Ex.P.—1 under a misrepresentation and he did not fully understand the nature of the transaction at the time;

(2) that the completion of the sale had been made dependent upon the cons

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