VISHWA NATH SINGH Vs. JOGENDRA SINGH

JUDGEMENT

(1.) This is the second civil appeal against the judgment and decree dated 2.2.1987, passed by Sri Ajijurrahman, the then learned IInd Additional District Judge, Gonda, allowing the appeal and upsetting the findings recorded by Sri Udai Chandra Dixit the then learned Civil Judge, Gonda in Regular Suit No. 46 of 1980, which was a suit for specific performance of contract as well as the suit for cancellation of sale deed executed in favour of the defendants-respondents No. 2 and 3.

(2.) The following substantial question has been formulated in this appeal : "Whether in respect of land regarding which the agreement to sell had taken place was a bit increased of deceased in consolidation proceeding amounts to change in property and hence the said agreement can be enforced by suit for specific performance of contract?"

(3.) The facts giving rise to this second appeal are that the plaintiffs-appellants have filed the suit for specific performance of registered contract to sell dated 8.3.1978, which was registered before the Sub-Registrar on 15.3.1978 paying Rs. 2,500 as the advance money for execution of sale deed. The sale deed was agreed to be executed for Rs. 10,000, thus the balance of amount of Rs. 7,500 was to be paid by the time of sale deed. The aforesaid suit was contested by the defendant No. 1 on the allegations that the permission to sell the land in suit was obtained by the executant, defendant No. 1 from the Settlement Officer Consolidation during the year 1980 itself. Thereafter, he requested the plaintiffs to purchase the land in suit. However, the plaintiffs have not agreed to get the sale deed executed. Thereafter, the defendant No. 1 Jogendra Singh executed the sale deed of the land in suit in favour of the defendants No. 2 and 3.