JUDGMENT :

Barman, J. - This appeal arises out of a suit filed by the Plaintiff for specific performance of an agreement by the Defendants to the suit land to the Plaintiff in circumstances hereinafter stated.

2. The vendor-Defendants belong to a Hindu family said to have been long separated. Defendants 2, 3, Basudeb and Janardan were four brothers. Defendant No. 1 is the son of Basudeb who is now dead. Defendants 4 to 6 are sons of Janardan who is also dead. The respective shares in the suit land which was agreed to be sold under an agreement dated September 14, 1958 are these; Defendant No. 1 had 4 annas and 9 pies, Defendant Nos. 2 and 3 annas and 9 pies, Defendant No. 3 had 3 annas and 9 pies. Defendants 4 to 6 together had 3 annas and 9 pies. The suit was filed on November 1, 1958. Defendant No. 2 denied his having participated in the contract. Defendants 1 and 3 supported the Plaintiff's case. Defendants 2 and 4 to 6 contested the Plaintiff's claim. Defendants 4 to 6 subsequently compromised with the Plaintiff during the pendency of the suit before the trial court and executed a sale deed (ext. 4) in favour of the Plaintiff in respect of their respective shares.

3. It is the con