JAIN, J.—This second appeal is by the defendant Narain Singh and it arises out of a suit for specific performance instituted by respondent Dalip Singh.

2. Briefly put, the facts of the case are that Thakur Sangram Singh divided some of his land into plots for sale for making residential houses and named it as "Sangram Colony". The proposed scheme consisted of about 70 plots. Out of these plots, his son and general Attorney Kr. Narain Singh agreed to sell plot No. 49 measuring 581 Sq. yards at the rate of Rs. 6/- per Sq. yard to Dalip Singh and received from him a sum of Rs. 872/- as one fourth price on 25-8.56. It was agreed that a sale-deed would be executed within two months. As the land was agricultural land, proceedings for its conversion into Abadi were to be taken. The sale was, therefore, subject to the sanction of the State Government and Urban Improvement Board. Time for execution of the sale was extended from time to time. Endorsements were also made to that effect on the back of the receipt Ex. 1 which was given on behalf of the defendant to the plaintiff acknowledging the payment of one fourth of the sale money. The matter could be finalised only in August, 1959. Accordi

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