( 1 ) THIS second appeal arises out of a suit filed by the appellant - Sheo murat for rectification of the sale-deed under Section 26 of the SPECIFIC RELIEF ACT, 1963.

( 2 ) THE brief facts are that the appellant sheo Murat filed Original Suit No. 250/1978 in the Court of Munsif, Azamgarh for the rectification of the aforesaid sale-deed executed by the defendant late Shital Dan in favour of the respondent defendant Ram murat in respect of his agricultural property. The plaintiff Sheo Murat and the defendant No. 1 are the real brothers and the defendant late Shital Dan was their real uncle. The appellant claimed rectification of the sale-deed executed by his uncle on the ground that earlier to the execution of the aforesaid sale-deed, he had executed an agreement of sale dated 8-11-1975 in respect of the same property in favour of these two brothers (plaintiff and defendant No. 1 ). He agreed for transfer of the said property for a total consideration of Rs. 12,000/- out of which he received Rs. 8,000/- by half and half from both the brothers as earnest money. He also agreed that after his coming back from religious pilgrimage, he would execute the sale-deed on re