MOHAPATRA, J.

( 1 ) THIS is an appeal against the judgment dated 20-7-1949 of Sri S. K. Mohapatra, additional Subordinate Judge of Puri, confirming the decree dated 8-9-1948 of Sri n. K. Das, Munsif of Puri, arising out of a suit brought by the plaintiffs for specific performance of contract alleged to have been entered into between the plaintiffs and the original defendant 1 (Jagabandhu Mohapatra) as manager of the Hindu joint family consisting of himself, and his minor sons and nepnews (defendants 2 to 8 ). Jagabandhu and Dinabandhu were two brothers. Dinabandhu predeceased jagabandhu in a state of jointness leaving his widow Suryamani and his two minor sons (defendants 7 and 8 ). The original defendants 2 to 6 are the sons of jagabandhu who were minors at the first date of the contract, that is, 20-6-1942 but defendant 2 attained majority in the meantime and defendant 1 (Jagabandhu)died during the pendency of the suit. The plaintiffs' case is that the said jagabandhu executed an agreement in favour of the plaintiffs on 20-6-1942 on a plain paper and received a sum of Rs. 50/- as advance of the consideration for the sale of a homestead land with a house thereon, the area of the