Harries, C.J. - (1.) This is a Reference made to a Full Bench by a Bench of this Court in a Second Appeal.
(2.) The facts giving rise to the litigation may be shortly stated as follows. On March 13, 1931, one Sarkar purchased a hundred bighas of land from one Karuna Nidhan Singha. Apparently there were errors in the deed of sale and on October 13, 193.1, a deed of rectification was entered into between the parties in which these errors were corrected.
(3.) On September 5, 1932, Sarkar executed an agreement for the sale of this land to the plaintiff appellants, Messrs. B. N. Elias & Co. Ltd., for a sum of Rs. 17,500/-. A sum of Rs. 8,500/- was paid in advance as part payment of the purchase price.;