(1.) THE facts giving rise to this appeal are as follows:-
(2.) THEREAFTER the sale was taken by Durga Prasad and Jalaluddin for Rs. 7,500/- on 20-6-1969. Earlier two telegrams were sent by the plaintiff, one to the vendor and the other to one Nanhey that there was an agreement of sale in her favour.
(3.) THE defence found favour with the trial court and the trial court dis missed the suit for specific performance but decreed it for the refund of the earnest money against the vendor.