( 1 ) THE plaintiff has filed this appeal against the dismissal of his claim by the trial Court for damages on account of breach of agreement by the defendants.

( 2 ) THE facts not in dispute are that the defendants along with 3 others are the joint owners of agricultural lands measuring 587. 01 acres situated in village khandabarh Tahsil, Budni, District Sehore. They had inherited these lands from their predecessor-ill-interest Khur-sheed Ahmad. After his death, the government of Madhya Pradesh disputed their title resulting in litigation which ultimately ended in their favour. During pendency of the dispute, the defendants executed an agreement Ex. P. 1 on 5-8-1964. It was agreed that the defendants would sell all the standing jungle including all the timber and firewood etc. to the plaintiff for a sum of Rs. 60,000/- and the defendants would deliver possession of the aforesaid lands for the purpose of clearing and removing all timber, firewood and other pro- duce after the dispute with the government of M. P. was settled and the defendants obtained possession. The plaintiff was entitled under the agreement to cut, clear and remove all the timer, fire-wood etc. and prepar