JUDGMENT

Sulaiman, C.J. - This is a defendants' appeal arising out of a suit for specific performance of a written contract. Originally seven defendants filed this appeal jointly. With the exception of Bansidhar all the others applied to withdraw the appeal. So far as the adult appellants were concerned, their appeal has been withdrawn and they have submitted to the decree of the Court below. An application was made on behalf of the minor appellant, Har Mohan, by his guardian and also by his mother to withdraw the appeal, but no order was passed, inasmuch as it was not clear whether there had been any compromise with the minor's guardian and whether such a compromise was for the benefit of the minor.

2. The parties belong to the same family with distinct branches. It appears that at one time all the members had a common fund, though the family was not joint in status. The leading members proposed to purchase three villages in Benares from Raja Madho Lal for a sum of Rs. 90,200. The plaintiff Atal Nath, represented one branch; Jagmohan and others represented the second branch and Bansidhar and others represented the third branch. These were the descendants of three sons of the common