BHANDARI, C.J.—This is a special appeal under sec, 18 of the High Court Ordinance from the judgment dated 9th April, 1964 of Jagat Narayan J. in a case arising under sec. 47 of the Code of Civil Procedure.

2. The brief facts of the case are that on 23rd December, 1955 a decree was passed in a suit for specific performative of on agreement to sell two plots of land by the Civil Judge, Pali. The decree was in favour of Misrimal and Hanwantraj and against Tarachand, Birdichand and Roopchand. This decree was not drawn up in proper form, but the substance of the decree is that the defendants shall deliver possession of two the alas (plots mentioned in para 2 (b) of the plaint to the plaintiffs and that the defendants will execute a sale deed of these plots in favour of the plaintiffs, and that according to the agreement Ex. 1, the total sale-price of the plots in dispute is Rs. 4,000/- out of which Rs. 1,000/- has already been received by the defendants and Rs. 2545/7/* are due to the plaintiffs from the defendants which will be adjusted with interest at the rate of 6% per annum at the time of registration of the sale deed and in case the total amount does not make up of Rs. 4,000/-, the

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