( 1 ) THIS appeal by the plaintiff is from a judgment and decree of a Division Bench of the Madhya Bharat High Court dated 2nd December 1948. It was filed in the madhya Bharat High Court under Section 25 of the Madhya Bharat High Court of judicature Act 1949 as it stood before it was amended by Madhaya Bharat Act No. 3 of 1950.

( 2 ) THE suit out of which this appeal arises was instituted on 6th November 1947 by gulabchand Tongya against the heirs and legal representatives of Govindram seksaria on the Original Side of the High Court of the former Indore State for specific performance of an agreement whereby, it is said, Govindram Seksaria agreed to sell to the appellant his share in a firm the business of which was to act as managing agents of the Indore Malwa United Mills Ltd. , Indore. The suit was tried by Sanghi J. , who on 11th June 1948 made a decree in favour of the plaintiff directing that on payment by the plaintiff to the defendant of 5/32 of the capital deed of assigning a two and a half anna share in a rupee out of their share in the aforesaid partnership and declaring that

"by virtue thereof the plaintiff shall become entitled to the rights and be subjec