(1.) The facts involved in this suit, inter alia, are that on October 11,1966 it was agreed in writing between Mr. A.P. Bhargava and Mr. P.N. Bhargava (both since deceased), the predecessor -in -interest of the Defendants, of the one part and the Plaintiff of the other part that the Plaintiff would develop their land at No. 19, Dum Dum Road, Calcutta and would arrange for sale of the - plots of land divided under development scheme, at a price not below Rs. 7000 per cottah for the portion situated on 30' wide Road (Front) and at a price not below Rs. 4000 per cottah for the other portion situated on the back side of the said road.
(2.) The Plaintiff would be paid by the said Bhargavas as remuneration 5% of the total price of the said plots, and the Plaintiff shall also be entitled to such part of the 'price as would be in excess of Rs. 7000 per cottah or Rs. 4000 per cottah of the said plots.
(3.) Agreement dated October 11, 1966 was proved and tendered (Ext.'A').