(1.) THIS plaintiff's first appeal is from the judgement and decree dated 12-6-70 and 25-6-70 respectively, of the Assistant District Judge, Nowgong, in Title Suit No. 26 of 1967, partly decreeing the suit against respondent No. 1 and dismissing the suit against respondents Nos. 2 and 3. The facts of the case, in brief are as follows :
(2.) THUS while the plaintiff claims specific performance of an agreement dated 30-12-64 to sell the property to him, the defendants Nos. 2 and 8 claimed by a registered deed of purchase dated 16-3-65 pursuant to an agreement to sell dated 7-1-65.
(3.) ISSUES Nos. 1, 2, 3, 4 and 5 were decided in favour of the plaintiff while Issues Nos. 6, 7 and 8 were decided in favour of the defendants and the suit was dismissed against defendants Nos. 2 and 3 but decreed against defendant No. 1 for Rupees 5,000/- with proportionate cost on contest. Hence this, first appeal.