HONBLE JASPREET SINGH, J. - (1.) The instant second appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 04.01.1988 passed by 3rd Additional District Judge, Faizabad in Civil Appeal No.81 of 1983 (Ram Newaz Vs. Ram Yaggya and others) by means of which the appeal of the defendant was allowed and the judgment and decree dated 25.01.1983 passed by Munsif Hawali, Faizabad in Regular Suit No.140 of 1981 (Ram Yaggya Vs. Bachchu Lal) was set aside, as a result the suit of the plaintiff-appellant for specific performance of contact which was decreed by the trial court was set aside and dismissed by the lower appellate court.
(2.) Against this judgment of reversal, while admitting this second appeal, this Court by means of order dated 11.04.1988 noticed the following substantial questions of law involved in the instant appeal, which reads as under:- (i) Whether without recording specific finding on question of possession of plaintiff-appellant, the lower appellate court could dismiss the suit on the ground that defendant-respondent nos.1 and 2 are bonafide purchaser for value without notice? (The trial court recorded specific finding about possession of plaintiff-appellant and thereby held that defendant-respondent nos.1 and 2 were not bonafide purchaser without notice). (ii) Whether the defendant-respondents could challenge proof of agreement to sell when the same was exhibited without any objection on their behalf?
(3.) Heard Dr. R. S. Pandey learned Senior Counsel assisted by Sri Ankit Pandey for the appellant and Shri Rajeiu Kumar Tripathi, learned counsel appearing for the respondent.;