JUDGMENT

Ashworth, J. - This appeal arises out of a suit for specific performance of a contract to sell certain property by the plaintiffs-respondents Sripat Rai and others, the owners of the property.

2. The suit was brought by the plaintiffs on the allegation that Ramsurat Rai had executed an agreement to sell the property in suit on 18th January 1923. The alleged agreement was that the property would be sold within ten days for a consideration of Rs. 5,099 set off against previous debts which the vendee would pay at all events and for Rs. 99-15-9 earnest-money. There is some contradiction in the terms of this agreement, because in one part it is stated that the whole consideration was Rs. 5,099 whereas reading the deed as a whole, it would appear to be Rs. 5,099 plus Rs. 99-15-9 earnest-money. This discrepancy, however, does not appear to me to be of any importance. The plaintiff went on to state that on 28th August 1923, Ramsurat Rai had sold this property and other property to the defendant Kirtirath Rai and others for a cash payment of Rs. 2,500. In this case it appears that the vendees were to take the property with the risk of any encumbrances attaching to it. The reason give