BAIKUNTHI DEVI Vs. MAHENDRA NATH

JUDGEMENT

(1.) This is a short appeal raising a single point and challenges a decree for specific performance passed by the trial Court, reversed in appeal but restored by a Full Bench of the Allahabad High Court.*

(2.) In Uttar Pradesh agricultural lands are subjected to consolidation proceedings under the relevant statute. During the pendency of the consolidation proceedings in a district, there is a provision in the statute that there should not be transfers, gifts and sales so that complications and confusions in the course of consolidation proceedings may be obviated. There is nothing at all in the Act which inhibits contracts for sale being entered into by owners of property.

(3.) In the present case, the facts are brief and the law is clear. One Jeewa Ram, who had a half share in a tract of land Ac. 6-00 in extent with a small house thereon, had entered into an agreement to sell his share for a consideration of Rs. 3,000/- to respondent No. 1. This agreement D/- 16-6-1960 was sought to be enforced by a suit for specific performance although by that time Jeewan Ram had passed away and his daughter, the present appellant No. 1 became his legal representative. The demand for specific performance was made by the plaintiff-1st respondent who, incidentally, happens to be the nephew of the late Jeewa Ram. The suit itself was filed after the consolidation proceedings had come to a close. It so happened that as a result of the consolidation proceedings precisely the same land which was the subject-matter of the agreement to sell, less a tiny bit of Ac. 0-06 was included in the chak allotted to Jeewa Ram and the 1st respondent.