The suit for Specific Relief of agreement of sale was resisted by the original defendant mainly on the ground that he alone was number companypetent to enter into agreement of sale of the entire land in which his sons number on record as legal representatives had shares.
The First Appellate Court reversed the judgment of the trial companyrt and granted decree for Specific Performance.
The trial companyrt rejected the claim of Specific Performance of the Sale Agreement and granted only a decree for refund of the price paid as advance.
The defendants plea of joint ownership of the plaintiff and his sons was held to be barred in civil companyrt by the provisions of Section 49 of the UP Consolidation of Holdings Act 1953 hereafter referred to as the Act of 1953 for short .
Dharmadhikari J. Aggrieved by the grant of decree of specific relief of execution of Contract of Sale of the agricultural lands in suit by the first appellate companyrt which has been companyfirmed by the High Court of Allahabad in Second Appeal, the legal representatives of the deceased defendant have preferred this appeal.
