NANDOO Vs. BUDHOO

JUDGEMENT

(1.) This is Defendants' second appeal arising out of a suit filed by the Plaintiff-Respondent No. 1 for specific performance of an agreement of sale dated 17th July, 1959 executed by the Respondent No. 2 in favour of Appellant No. 1. A declaration was further sought for declaring the sale-deed executed in favour of the Appellants on 17th February, 1960 as null and void. The trial court dismissed the suit holding that the Appellants were bonafide purchaser for value without notice. The Plaintiff-Respondent No. 1 filed an appeal. The appeal was allowed by the lower appellate court by its judgment dated 11th August, 1966 holding that the Appellants were not the bonafide purchasers without notice. It was found that the Appellants had notice of the agreement of sale and despite this knowledge, they got the sale-deed executed. The judgment dated 11th August, 1966 has been impugned in the present appeal.

(2.) The only point urged by the learned Counsel for the Appellants is that the agreement of sale was in respect of sir-dari land as such it was void in law and the suit for specific performance of the agreement of sale could not have been decreed by the lower appellate court.

(3.) On 17th July, 1959 Shiv Nandan, Respondent No. 2 executed an agreement in favour of Budhoo, Plaintiff-Respondent No. 1 agreeing to sell his rights in the land after obtaining Bhumidhari certificate and the vendor took a sum of Rs. 330/- from the Plaintiff-Respondent No. 1 as earnest money. From the facts, therefore, it is admitted on record that on the date when the agreement for sale was executed, the Plaintiff-Respondent No. 1 had only sirdari rights. Bhumidhari sanad was obtained thereafter and the question, therefore, which arises for consideration is whether a person who is a sirdar can enter into an agreement for sale in respect of the land on the condition that the sale would be effected after obtaining the Bhumidhari sanad.