LODHA, J—This is a plaintiffs second appeal arising out of a suit for specific performance of an agreement to resell the property in dispute to the plaintiff for a consideration of Rs. 1100/-.

2. The plaintiffs case as set out in the plaint is that he had purchased the house in dispute on 17-3-1960 from one Kanaram for Rs. 4800/-. The sale deed in his favour has, however, not been placed on the record. It is alleged that he was badly in need of money on account of the marriages of his two daughters and so he agreed to mortgage the house in question for Rs. 1000/- with the defendant No. 1 Motiram, who however, played a fraud upon him, and actually got a sale deed executed by him for Rs.1000/- on 5 10 61.The original sale deed placed on the record and is marked Ex. 2. It is admitted case of the parties that on the same day Motiram executed an agreement in favour of the plaintiff to resell the property in dispute to the latter for a sum of Rs. 1100/- on or before 31-3-1962. The original agreement has been put on the record and marked Ex-1. It appears from this agreement that Rs. 100/- were paid by the plaintiff to Motiram as part of the purchase price and the balance Rs. 1000/- was to

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