SHANTI PRASAD Vs. AKHTAR AND ANR.

JUDGEMENT

(1.) THIS is a Defendant's appeal. The suit was for specific performance of a contract of sale. Finding a conflict of opinion between Sugna v. Kali Ram, 1966 AWR 641 and Chetan Singh v. Hira Singh, 1969 ALJ 189, a learned Judge has referred this appeal to a Division Bench.

(2.) ON 19th December, 1962, the Plaintiff -Respondent sold some plots of agricultural land to the Defendant -Appellant for Rs. 1,000/ -. Thereafter the parties executed an agreement for reconveyance of the sold property to the Plaintiff within five years for the same sale consideration. In July, 1967, the Plaintiff by notice requested the Defendant to execute a sale deed after receiving the sale consideration, but the Defendant without any justifiable cause refused to do so. Hence the suit.

(3.) THE trial Court accepted this plea and dismissed the suit, but on appeal the decree was reversed and the suit decreed. The lower appellate Court held that the decision in Sugna v. Kali Ram (Supra) proceeded upon conflicting views and hence it was difficult to apply it. He preferred to rely upon the later decision in Chetan Singh v. Hira Singh (supra).