R.N. Gurtu, J. - (1.) The facts which give rise to this second appeal are as follows:
(2.) Defendant No. 1 in the suit entered into an agreement with the Plaintiffs and Defendants 2 to 4 to the suit in respect of a certain house. Inter alia, the agreement recited as follows: - Andar miyed tin sal tarikh ekkum December, 1944 se jo fariq doem apna makan bat karna chahte hain aur fariq awwal usko kharid karne ko taiyar hai -fariq awwal fariq doem ko mubligh char sau rupye naqid ada karenge to fariq awwal apne haq men fariq doem sa bazabta bainama tahrir wa takmil karalenge.........aur bad inquizai miyad iqrarnama ham fariq awwal ko koi haq babat bai karae jane makan mazkoor ka hasil nahin hoga aur na fariq doem is amar ke paband honge ki woh hamare hath hi bai karen.
(3.) The Plaintiffs and Defendants 2 to 4 did nothing with respect to this contract upto 20th September 1947. Then they sent a notice to Defendant No. 1 asking him to accept Rs. 400/ - and convey the property to them within fifteen days of the notice. The fact that a notice was sent has been admitted by Defendant No. 1 no reply was sent to this notice by Defendant No. 1. On 1st December 1947 the Plaintiffs filed a suit for specific performance of the contract against Defendant No. 1; the other persons entitled to the deed being impleaded as Defendants 2 to 4. On 10th January 1948, the money was deposited in Court. The Plaintiffs' application stating that they had filed a suit for specific performance of the contract and wished to deposit the money was itself made on 15th December 1947.;