RAM SARAN ROY Vs. SHOSHI BHUSAN GHOSE

JUDGEMENT

(1.) This appeal arises out of a suit for specific performance of a contract.

(2.) The plaintiff's case is, that it was agreed that the defendant No. 1 and the defendant No. 2, together, would sell a 2-annas share of a tank and an entire plot of land to the plaintiff. A further agreement was set up, viz., that if the defendant No. 2 did not consent to sell his share, the defendant No. 1 would sell his own moiety share.

(3.) The defendant No. 2, it is found, had never agreed to sell his share. Both the Courts below have come to the conclusion that the plaintiff was not entitled to specific performance of the contract.