JUDGMENT

1. This is an appeal by Musammat. Gaindo Devi, defendant No. 2, in a suit for specific performance of a contract for sale. The plaintiffs to the suit were Shanti Swarup and his two brothers. It was alleged in the plaint that Farid Pakhsh, defendant No. 1, entered into an agreement on his own behalf and on behalf of his sister Musammat Momina Bibi, for the sale of a shop in Ghaziabad for a sum of Rs. 8,150. Musammat Momina Bibi had 46 out of 173 sihams in the shop and Farid Baksh had the remaining 127 sihams. Out of the sale consideration a sum of Rs. 2,167 would be payable to Musammat Momina Bibi and the balance to Farid Bakhsh. According to the evidence of the plaintiff Shanti Swarup, the defendant Farid Bakhsh was indebted to Shanti Swarup and brothers on the basis of three promissory notes, and notice was given to Farid Bakhsh on June 8,-1932, to pay off the moneys due, under the promissory notes, and in that Connection tie deponent had to go several time's to the house of Farid Bakhsh, when it was proposed that the shop belonging to him and his sister might be purchased by Shanti Swarup. The negotiations were completed by July 15, 1932, when Farid Bakhsh received a sum