BIJAI BAHADUR Vs. SHIV KUMAR

JUDGEMENT

(1.) In this second appeal, only a short question regarding due compliance of S.16(c) of the Specific Relief Act has been raised. This was neither raised in the trial Court nor in the Court below. It is sought to be urged for the first time in second appeal here. An application seeking permission to urge this point was made but despite an opportunity being given to oppose it the same has not been availed of. Since this is purely a legal question, I have heard the parties on this point as well.

(2.) The appellants are transferees from the original owner. It was plaintiffs' case that the original owner had agreed to transfer the land by a written document on 27-10-1968. At the time of the execution of the agreement, part consideration was paid while the rest was to be paid at registration for which three months' time was agreed upon. Since the original owner did not execute the sale deed as agreed and began to prevaricate in the matter and later when it was rumoured that she was trying to transfer the land to the appellants, the present suit was filed, after serving a notice.

(3.) Both the sets of defendants denied execution of the agreement or that the plaintiff had been put into possession in pursuance thereof. In their written statement the appellant, apart from denying the agreement, had also set up a prior agreement dt. 11-8-1968 favouring them pursuant to which the sale deed was executed on 1-9-1969. According to them this was done without notice of the plaintiff's alleged agreement in a bona fide manner.