On July 7, 1956, the defendants informed the plaintiff by a letter that only a smn of Rs. 350 was paid by the plaintiff w the defendants and not Rs. 2,000 as recited in the memorandum, and since the balance of Rs. 1,650 which was promised to be paid within three days was not paid, the agreed stood cancelled. The plaintiff on receipt of the letter instituted an actlon in the Civil Court for a decree for specific performance of the agreement, ~md deposited in Court Rs. 10.000 which according to him was the balance of the purchase price due by him. The defendants Jiled their Y1ritten statement contending. inter a/ia, that they were in urgent need of money. and they had agreed to sell the land to the plaintiff, but the plaintiff paid only Rs. 350 on July 4. 1956, and obtained possession of the memorandum on a represenfation that he will pay the balance of Rs. 1,650 within three days and since the amount was not paid the agreement was cancdled, and that in any event the agreement having been altered in material particulars. after it was executed, by adding the words: '·Clear the debts and execute the sale deed free from encut:1orance"'. the suit was not maintainable.
