This appeal by the defendant, the Rajanagaram Co-operative Society, is against the decree for specific performance of a contract of sale granted in favour of the plaintiff by the lower appellate Court. The only question that has to be considered is whether there was a concluded contract in favour of the plaintiff for the sale of the property by the defendant to the plaintiff.

The property in dispute was purchased on the 29th May, 1941, by the defendant-society at an auction sale for a sum of Rs. 300 vide Exhibit P-1. In 1943 the defendant wanted to dispose of this property by public auction. The terms of the auction sale are contained in Exhibit D-1, dated 17th June, 1943. Under clause 1 it is stated "the sale will be knocked down in favour of the highest bidder subject to the approval of the Mahasabha (the defendant) and the Chittoor District Bank. There were also other conditions which have been laid down but it is unnecessary to refer to them as nothing turns on those conditions. The sale took place on the 23rd June, 1943, and the plaintiff became the highest bidder of the property for a sum of Rs. 700. He deposited Rs. 175 on the date of sale with the sale officer and th