JUDGMENT :- This is a defendants second appeal arising out of a suit filed by the plaintiff for specific performance of a contract of sale dated 1-3-1964 and for possession of the plots involved therein. A claim was also made for the recovery of Rs. 300/- as damages and for pendente lite and future damages at the rate of Rs. 100/- per month.

2. The plaintiffs case was that he was a Bhumidhar in possession of the land in dispute measuring 2 Bighas 18 Biswas and 10 Biswansis situated in village Kalal Kheria, District Agra. He was in urgent need of Rs. 3,000/- in Dec. 1963 and had requested the defendants for an advance on the security of his bhumidhari plots. The defendants agreed to advance the loan but insisted that the plaintiff shall execute a sale deed instead of a mortgage deed with respect to the above plots. The defendants also agreed to execute an agreement to reconvey the property to the plaintiff on payment of Rs. 2,900/-. Accordingly the plaintiff executed the sale deed dated Dec. 6, 1963 and the defendants executed an agreement for reconveying the property to the plaintiff on 1st of March, 1964. Under the terms of agreement for reconveyance the defendants were to sell the

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