NARASIMHAM, C. J.

( 1 ) THIS is an appeal by defendants 1 and 2 against the judgment of the Second additional Subordinate Judge, Cuttack, decreeing the plaintiff's suit for specific performance.

( 2 ) THE property involved in this litigation consists of valuable house property in the heart of Cuttack town which originally belonged to defendant No. 1 Shri Nikunja kishore Das. The plaintiff alleged that on 14-8-1957 defendant No. 1 entered into a binding contract with him to sell the property for Rs. 38,000/- but as the Khasmahal is the landlord of the site, it was further agreed between the parties that a deed of contract would also be executed and duly registered, by defendant No. 1 with a view to facilitate the obtaining of permission from the Khasmahal for the transfer of the property in favour of the plaintiff.

( 3 ) BUT according to the plaintiff the agreement, between the parties that a deed of contract would be executed later on did not in any way defraet from the finality of the contract entered into between the parties on 14-8-1957. In pursuance of the contract, stamp paper for Rs. 1. 8. 0, was purchased and the help of the Advocate for defendant No. 1 named Sri S. N. Da