VED NATH Vs. INDRA VIKRAM ALIAS CHHOTE SINGH

JUDGEMENT

(1.) This is the second civil appeal against the judgment and decree passed by Sri R. N. Sircar, the then learned Additional District Judge, Hardoi in Civil Appeal No. 163 of 1982 setting aside the judgment and decree passed by the learned trial court. The following legal questions have been framed in this appeal :-

(2.) I have heard the arguments of the parties counsel and have gone through the record.

(3.) The facts of the case, in brief, are that the plaintiffs are said to have entered into an agreement with Indra Vikram Singh for sale of 'Bhumidhar' plots with regard to 1/4th of his share and for this Rs.1200.00 were given by the plaintiffs-appellants to Indra Vikram Singh (defendant No.1) in the village itself and Rs.2800.00 were given by the plaintiffs appellants to defendant No.1 on 6-1-1982 when an agreement for execution of the sale deed was got registered. It is alleged that the plots were agreed to be sold by the plaintiffs-appellants to the defendant No.1 for Rs.8000.00 and the plaintiffs appellants had paid in all Rs.4000.00 in advance to the defendant No.1. It is alleged that the plaintiffs-appellants had always been ready and willing to perform their part of contract but the defendant No.1 executed the sale deed of the said plots in favour of the respondent-defendant No.2 who had knowledge of the prior agreement in favour of the plaintiffs-appellants themselves and so it is alleged that the sale deed executed by defendant No.1 in favour of the defendant No.2 is void and illegal and does not cast any ill effect upon the agreement entered into between the plaintiffs appellants and defendant No.1.