Judgment

GAJENDRAGADKAR, J. : The appellant Pandit Ishwari Prasad Misra sued the respondent Mohammed Isa for the specific performance of an agreement of sale executed by him on May 18, 1950, in the Court of the 1st Additional Sub-Judge, Muzaffarpur. By the said agreement, the respondent had promised to execute a sale-deed in favour of the appellant in respect of his house situated at Sitamarhi Bazar, Sitamarhi. The appellant s claim was decreed by the trial Court which ordered the respondent to execute a sale-deed within a month from the date of the decree on receipt of Rs. 4,000/- which is the balance of consideration remaining to be paid to him. The respondent challenged this decree by an appeal before the Patna High Court and his challenge has succeeded. In the result, the decree passed by the trial Court was reversed and the appellants suit dismissed with costs throughout. It is against this decree that the appellant has come to this Court with a certificate issued by the Patna High Court, and so, the principal question which arises in the present appeal is whether the agreement on which the appellant s suit is based is genuine, valid and for consideration.

2. The subject-matter