JUDGMENT :- This is the defendants second appeal. He has substantially lost in the courts below. The brief facts are these:

One Madho Halwai executed a sale deed in favour of Sheomurat Ram, the defendant-appellant, on 26th August, 1958 for Rs. 4,000/-. On the same day Sheomurat Ram executed a deed of agreement in favour of Madho Halwai promising to reconvey the said property to the latter if the sum of Rs. 4,000/- was paid within five years. The vendor, Madho Halwai, died on 27th November, 1958. His son, Purshottam, had predeceased him leaving sons and one daughter, Smt. Savitri Devi, Smt. Savitri Devi instituted the suit from which the instant appeal has arisen against Sheomurat Ram who was impleaded as defendant no. 1. She impleaded her brothers and nephews and nieces as pro forma defendants alleging that they were not in a position to deposit the sum of Rs. 4,000/- and, therefore, they had agreed that she might deposit the amount and get back the property from the vendee in accordance with the aforesaid deed of agreement which was executed on the same day as the sale deed. She offered to deposit the sum and prayed that the defendant no. 1, Sheomurat Ram, be asked to execute a sal

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