( 1 ) THIS Letters Patent appeal by the plaintiff from a decision of Shrivastava, J. arises out of a suit for specific performance of a contract for sale of certain lands and for damages in the alternative. The suit was dismissed by the Civil Judge, Second class, Hoshangabad, who tried, it. In appeal the learned Additional District Judge of Hoshangabad gave to the plaintiff a decree for specific performance of the contract. The defendant-respondents thereupon preferred a second appeal in this court which was allowed by the learned Single Judge and the plaintiffs claim for specific performance of the contract was dismissed. The learned Single Judge, however, gave to the plaintiff a decree for Rs. 600/-as damages against the respondent Pralhad Singh.

( 2 ) BRIEFLY stated, the plaintiffs case was that on 8th/9th April 1951 the respondent pralhad-singh entered into an oral agreement with him for sale of the suit lands for rs. 2700/-; that on 28th April 1951 he gave to Pralhadsingh wheat of the value of rs. 1600/- in part payment of the price; that before the execution of the sale deed pralhadsingh later on sold the property to the respondent No. 4 Shersingh on 4th june 195