(1.) THIS is- a defendant's appeal from the appellate judgment and decree of the learned Additional Civil Judge, Mainpuri, by which the plaintiff's suit for specific performance of a con tract of sale of a parcel of land compris ing of four plots 1.65 acres in area, in chak No. 601 stands decreed.
(2.) THE plaintiff Man Singh on 4-5-1963 entered into an agreement with the defendant Pahunchi Lal to sell a parcel of land comprising of four plots, 1.65 acres in area, on payment of a con sideration of Rs. 3200/-. Pahunchl Lal paid Rs. 2150/- as earnest money. The balance of Rs. 1050/- was payable at the time of registration. It was stipulated that the sale-deed would be executed and re gistered within one year from the close of consolidation operations in the village. It was further stipulated that out of the plots to be sold consisting of Bhumidhari and Sirdari, Pahunchi Lal would convert the Sirdari plots into Bhumidhari plots by depositing ten times of their rent. It was also stipulated that if during the conso lidation proceedings new plots were sub stituted in place of the plots agreed to be sold then the substituted plots shall be sold. The above terms were reduced into writing and the document evidencing the agreement for sale on the terms above was duly executed by Pahunchi Lal and got registered. The original deed is Ext. I on record.
(3.) PAHUNCHI Lal contested the suit, inter alia, on the pleas that agree ment dated 4-5-1963 signed by him was void and unenforceable for the reasons: (a) his signatures were obtained thereon by fraud and undue influence exercised by the plaintiff (b) Man Singh was a tenure holder having more than twelve and half acres of land on the day when the said agreement was executed, thus it was hit by Section 23 of the Contract Act, read with Section 154 of the U. P. Zamin-dari Abolition and Land Reforms Act. It was also pleaded that the contract of sale deed could not be specifically performed as the sirdari plots could not be transfer red under the provisions of the U. P. Zamindari Abolition and Land Reforms Act.