JUDGMENT :- This is a defendant's appeal arising out of a suit for specific performance of a contract dated 16th November 1961 in respect of the land in dispute alleged to have been executed by Uma Kant, defendant No. 3, on behalf of his wife, Smt. Subhani, defendant No. 4, in favour of the plaintiff. The appellant in this appeal is Smt. Phuljhari, defendant No. 2 in the suit. She is the wife of Mohan Nath, who was defendant No. 1.

2. The plaintiff's case was that the house of the plaintiff and defendants Nos. 1 and 2 were adjoining the land in dispute. According to the plaintiff, Uma Kant, defendant No. 3, husband of Smt. Subhani, defendant No. 4, was the Teal owner of the land in dispute and had acquired the property benami in the name of his wife. It was alleged that on 16th November 1961 Uma Kant, acting as the agent of his wife, Smt. Subhani, entered into a contract with the plaintiff and with the consent of his wife, defendant No. 4, agreed to execute a sale deed of the land in dispute in favour of the plaintiff for a consideration of Rs. 1,550/-. The plaintiff alleged that he paid Rs. 100/- as earnest money to Uma Kant, who executed a written agreement (Ex. 6). It was further

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