A. MISRA, J.

( 1 ) PLAINTIFF is the appellant against a confirming judgment in a suit for specific performance of contract for sale. Originally, plaintiff prayed for specific performance of contract in respect of the properties described in Schedules A and b of the plaint, both of which are situate in Puri town. In the trial court, the claim, so far it related to the A schedule property, was given up, and the plaintiff confirmed his claim to the B schedule. Necessarily the subject-matter of this appeal relates to the B schedule property only.

( 2 ) THE case of the plaintiff, in brief is as follows: The disputed properties originally belonged to Umananda, Rhagendranath and others. In a partition suit of 1923, the a schedule land fell to the share of Khagendranath and his two brothers and the B schedule to Umananda. Thereafter, Umananda mortgaged the B schedule property to Nagendranath Mukherji, father of defendant Nos. 1 to 3. On 11-1-1935. Umananda sold a portion of the said land to one Kamalabala Dasi who in her turn sold the same to the original defendant No. 4 who died during the pendency of the appeal in the lower appellate court and was substituted by his legal representativ