- (1.) THIS is a defen dant's appeal against the judgment dat ed 28-9-1964 of the Additional Civil Judge. Faizabad. dismissing the appel lant's appeal and confirming the judg ment and decree dated 17-7-1963 pass ed by the Additional Munsif Akbarpur, decreeing the plaintiff-respondent's suit for specific performance of a contract entered into between him and defen dant No. 1.
(2.) THE relevant facts are that defendant-respondent No. 2 who was defendant No. 1 in the trial Court enter ed into the agreement dated 1.2-4-1958 (Ex. 2) with the plaintiff thereby agree ing to sell to the plaintiff the property in suit which is house property. The property had been declared to be eva cuee property and it was duly auction ed as such. The auction was completed on the 14th of April. 1958. Subsequent ly, the sale certificate was issued on the 19th of March, 1959 declaring that de fendant No. 1 who was the highest bidder had become its owner with effect from the 1st of February. 1959. It appears that after obtaining the sale-certificate defendant No. 1 executed a sale-deed on 24-6-59 in favour of de fendant No. 2. According to the plaintiff he had been trying to persuade defendant No. 1 to carry out the agreement enter ed into between them but ultimately he came to know that surreptitiously he had executed the sale-deed in favour of defendant No. 2. With these allegations the suit was filed on the 12th of April, 1961. It may also be mentioned that both the courts below have found that defendant No. 2 got the sale-deed exe cuted in his favour by defendant No. 1 knowing full well about the agreement entered into between defendant No. 1 and the plaintiff.
(3.) THE courts below have held that, as appears from a perusal of Ex. 2. defendant No. 1 had already made the highest bid in the auction sale for the property and. therefore, had ac quired an "imperfect title" to the same within the meaning of Section 18 of the Specific Relief Act. 1877 and on his find ing decreed the plaintiff's suit keeping in view the other facts already nar rated.;