SHER SINGH Vs. HARDAYAL

JUDGEMENT

(1.) THIS appeal preferred by the plaintiff-appellant is directed against the judgment and decree dated 31-3-1982 passed by District Judge, Dehradun whereby the suit of the plaintiff for specific performance of an agreement to sell dated 18-4-72 has been dismissed and thereby the judgment of the trial court, which has decreed the suit has been reversed.

(2.) AT the time of admission of the appeal this Court admitted the appeal on substantial questions of law (b) and (c) as enumerated by the counsel for the appellant in the memo of appeal. The same are reproduced below :-

(3.) IN view of the above finding it is not necessary to decide the other substantial question of law formulated by the Court that defendant nos. 2, 3 and 4 were bona fids purchaser for value without notice to the agreement executed in plaintiff's favour. IN the light of what has been discussed above there is no force in the appeal.