JUDGMENT

1. This appeal arises out of a suit in which the plaintiffs claimed specific performance of an alleged contract for the sale of land, and in the alternative to recover a sum of Rs. 2,600 with Rs. 195 interest. The plaintiffs stated their cause of action as follows: That there was a decree against one Girwar Dayal and Musammat Chandan Kunwar, that in execution of this decree the property, the subject-matter of the present suit, was, attached, that the defendant borrowed Rs. 2,600 from the plaintiffs and purchased the land, agreeing at the same time that he would re-sell the property to the plaintiffs. The facts of the case, as found by the Court below, are somewhat different, viz, the plaintiffs after obtaining their decree applied to the Court for leave to bid. This leave was refused. To quote the Court below, "They (i.e., the plaintiffs) then cast about for some device in order to evade the provisions of the law. Defendant was then, in their confidence. Accordingly the plaintiffs with their own money purchased the property in the name of the defendant expecting that he would execute in their favour a formal transfer. Before this could be done, the parties had a quarrel; th