BISHAMBHAR DAYAL, C. J.

( 1 ) THIS order shall also govern the disposal of Letters Patent Appeal No. 34 of 1963.

( 2 ) THESE Letters Patent Appeals arise out of a suit for specific performance filed by kunjbeharilal against three partners Bechar Bhai, Rupchand and Brijdas of firm diamond Trading Company, Raipur. The case of the plaintiff was that the partners of the firm, on behalf of the firm, agreed to sell malik makbuza rights in half share of certain fields which were partnership property, by agreement dated 22nd january, 1947. The document was executed by Rupchand, one of the partners, on behalf of the firm. On 4th November, 1947, Brijdas another partner of the firm, confirmed the agreement. The plaintiff alleged that he was always willing to perform his part of the contract, but that the defendants failed to execute the sale deed in spite of service of registered notice. The plaintiff, therefore, claimed that the defendants be directed to execute a sale deed on payment of the balance of price i. e. , Rupees 7743/4/-, or any other amount that may be found payable. This suit was filed on 26th October, 1950. On 19th March, 1952, Bechar Bhai, one of the partners, mortgaged the wh

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