KRISHAN PAL SINGH Vs. BABULAL

JUDGEMENT

(1.) This appeal is brought by special leave from the judgment of the Allahabad High Court dated December 6, 1966 in Execution Second appeal No. 886 of 1961.

(2.) Respondent No. 1 obtained a decree-against Shri Sheora-tan Singh, ancestor of the appellants, for specific performance of an agreement to sell plots, which became Bhoomidari plots by operation of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act.) The decree was obtained on August 19, 1966. The-appeal filed against decree was also dismissed. Later on the decree-holder, respondent No. 1 transferred the decree for specific performance in favour of respondent No. 2. Respondent No. 2 executed the decree. Thereafter the judgment-debtors, the present appellants, filed an objection under Section 47 of the Civil Procedure Code on the ground that the sale deed could not be executed in view of Section 154 of the Act. The contention of the appellants was that the original decree-holder Babulal had more than 36 acres of land and he could not acquire more land in view of Section 154 of the Act. The Munsiff allowed the objection on the ground that the original decree-holder possessed more than 30 acres of land and, therefore, the decree for specific performance could not be enforced against the judgment-debtors and respondent No. 2 was holding the rights of respondent No. 1 as a transferee. Respondent No. 2 filed an appeal in the Court of Civil Judge, Budaun against the order of the Munsiff. The appeal was allowed and it was held by the Civil Judge that respondent No. 2 was entitled to execute the decree for specific performance. The appellants preferred a second appeal before the Allahabad High Court which was dismissed.

(3.) Section 154 of the Act as it stood at the material time read as follows: