S. P. MOHAPATRA, J.

( 1 ) THIS is a plaintiff's second appeal against the judgment and decree dated 22nd august 1953 of Sri N. G. Ganguli, District Judge of Cuttack, confirming a decision of the Additional Munsif of Jaipur, arising out of a suit for declaration of title, recovery of possession and for damages to the extent of Rs. 388-11-0.

( 2 ) THE facts found and which appear from the records are as follows ; the suit property belongs to defendant No. 1 and the fathers of defendants 2 to 5, the defendants contracted to sell the disputed land in favour of the plaintiff on 16th March 1935 and in pursuance of the said contract a Kabala was executed on 19th March 1935 for a consideration of Rs. 300/ -. The defendants however did not get the Kabala registered. The plaintiff therefore brought Title Suit No. 1123 of 1938 against the defendants which, in substance, was one for specific performance of contract. The plaintiff prayed that the defendants be ordered to get the document registered, failing which the document dated 19th March, 1935 may be registered at the instance of the Court. The suit was decreed ex parte. The decree is Ex. 4 in the present case which is dated 9th August 1