MUNSHI SINGH AND ZILEDAR SINGH Vs. DEPUTY SINGH

JUDGEMENT

(1.) Heard Sri K.K.S. Chauhan and Sri Sanjay Kumar Jaiswal, for the appellants and Shri Ajai Bhanot for the respondents. This defendant's second appeal arises out of a decree for specific performance of contract for sale of plots given at the foot of the plaint in pursuance of an agreement executed by defendant No. 1 Smt. Vishuna Devi in favour of plaintiff on 24.6.1968. registered on 6.11.1968. The original suit No. 302 of 1969 was decreed by Munsif of Shikohabad on 24.3.1976. The appeal arising thereof was dismissed by the District Judge, Mainpuri on 12.1.1978.

(2.) Learned Counsel for the appellants has relied upon the questions framed at the time of admission of the appeal to be the substantial question of law: The substantial question of law involved in this case are as to what is the effect of the consolidation proceedings on the agreement to sell and the plaintiff's right to sue in view of the fact that the agreement itself provided that the sale-deed will be executed within a year of the de-notification of the village under the U.P. Consolidation of Holdings Act and lastly whether defendant Nos. 2 and 3 are bona fide purchasers for value without notice of the agreement?

(3.) After execution of the agreement dated 24.6.1968 for sale consideration of Rs. 3300/- out of which Rs. 1200/- was paid as earnest money, the defendant No. 1 sold the property by sale deed dated 16.9.1968 in favour of defendant Nos. 2 and 3. The written statement was amended on payment of costs, alleging that the land in suit has undergone complete change through consolidation proceedings and that as the land in suit does not exist in its original condition, the plaintiff is not entitled the relief of Specific Performance of Contract.