1. This appeal by the defendant is from the judgment and decree of the learned Subordinate Judge, Cachar at Silchar. The plaintiff filed that suit for specific performance of an agreement dated 10-3-1962. The plaintiff sold the jote right of the suit land by a registered sale deed on 10-3-1962 to the defendant and delivered possession thereof. On the same date there was an agreement between the plaintiff and the defendant to the effect that within three years the defendant would reconvey the suit land in favour of the plaintiff on receiving the sale price and accordingly the defendant executed a registered Ekrarnama on 10-3-1962. Notwithstanding repeated demands the defendant failed to reconvey the suit land. The plaintiff tendered the consideration but the defendant did not accept the same Hence the plaintiff filed the suit for specific performance.

2. The defendant contested