Wanchoo, C.J.-This is an appeal by Kashiram and two others against the judgment and decree of the Civil Judge of Ganganagar in a suit for specific performance of a contract.

2. The suit was brought by Netram against the three appellants and Bhinyaram who has not preferred to appeal. The case of Netram was that 21 Bighas of land in Murabba 54 in Chak 9 HH belonged originally to Bhinyaram. They were mortgaged with possession with the plaintiff through two mortgage-deeds one for Rs. 2450/- and the other for Rs. 1225/-, that is, the total amount of the encumbrance on the property was Rs. 3,675/-. On the 27th of October, 1949, Bhinyaram was in need of more money and executed an agreement Ex.P-1 in favour of Netram by which he agreed to sell these 21 Bighas to Netram at the rate of Rs. 275/- per Bigha. He also received Rs. 1000/- in advance and promised to execute the sale-deed by next Jeth. The Balance of the consideration amounting to Rs. 1100/- was agreed to be paid before the Sub-Registrar. It was also agreed that in case Bhinyaram failed to carry out the agreement. Netram would be entitled to file a suit for specific performance or to get back the sum of Rs. 1000/- paid in advance wi

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