DEOKI NANDAN, J.

( 1 ) THIS is a plaintiffs second appeal in a suit for specific performance of a contract for sale of a certain area of land situate at Hapur.

( 2 ) ACCORDING to the plaintiffs case the defendants agreed to sell the land detailed at the foot of the plaint at Rs. 6 per square yard. The agreement was entered into on 21st April, 1966 and the sale was to be completed within one month. The sum of Rs. 1,000 was paid as advance and a receipt for the same was executed by the defendants, the same day. That receipt is Ext. I on the record. The plaint proceeds on to allege that the defendants had agreed to carve out a 10 feet wide passage on the south of the land to be sold and the land of the passage was to be excluded in calculating the area of the land to be sold and the price to be paid therefor. For this purpose the land to be sold had to be measured and a site plan was to be prepared on scale showing the passage to be so carved out, before the execution of the sale deed. The defendants held the land as Sirdars at the time when the agreement was executed. They had also to become Bhumidhars by depositing 10 times the land revenue, and to obtain a Bhumidhari sanad before t