HAR PRASAD SINGH Vs. JAISRI

JUDGEMENT

(1.) On 7-6-1945, Jagannath sold the property in dispute to Nageshwar & his wife, Ram Pati, by a registered sale deed. On the same day the vendee executed a deed agreeing to reconvey the property to the vendor if the consideration for the sale was returned within 18 years. This deed was also registered on the same day. Thereafter Jaisri instituted a suit for pre-emption of the property sold. While this pre-emption suit was still pending the suit out of which this appeal arises was filed on 5-8-1946, by Jagannath against Ram Pati, Sheo Prasad, son of Nageshwar, who had died in the meanwhile & Jaisri claiming specific performance of the contract for sale entered into between the vendor and the vendee on 7-6-1945. In the plaint it was pointed out & that the pre-emption suit was pending & that the 13th August, was fixed for its disposal.

(2.) The original vendor admitted the agreement & expressed their readiness to abide by it. Jaisri, however, denied the agreement & pleaded that, in any case, it did not bind him. He further pleaded that he had already got a decree for pre-emption and his rights under that decree could not be affected by the agreement.

(3.) Apart from the issue as to relief, the trial Ct framed only the following other issue : "Is Ex. 1 genuine? If so, is it binding on the defts?"