Kajnleshwar Nath, J. - (1.) THIS appeal is directed against the dismissal of the First Appeal against a decree for specific performance of a contract for sale.
(2.) PLAINTIFF -Respondent No. 1 Chhangur pleaded that he had entered into a contract for purchase of plot No. 203, area 4.71 acres of village Govind Para district Gonda, for Rs. 8,000/ - for which he had paid Rs. 4000/ - to Hanuman Prasad. Subsequently on 7 -7 -1973 Hanuman Prasad executed a written agreement in favour of Chhangur on receiving a further sum of 1,000/ -; the parties agreed that on payment of the remaining amount of Rs. 3,000/ - by Chhangu, a sale deed will be executed in his favour by Hanuman Prasad. However, on 20 -7 -1973, Hanuman Prasad executed a registered sale deed of the same property for Rs. 10,000/ - in favour of Defendant -Appellant Ram Baran and Defendant -Respondents Pradeep Kumar and Sushil Kumar, who are the sons of Hanuman Prasad Respondent No. 2. Hanuman Prasad, having refused to perform the contract for sale, Chhangur filed a suit on 8 -10 -1973 indicating his willingness and readiness to perform his part of the contract.
(3.) HANUMAN Prasad, Ram Baran etc. contested the suit. They pleaded that before the alleged contract of sale dated 7 -7 -1973 with Chhangur, there had been a contract on 4 -6 -1973 by Hanuman Prasad with Ram Baran, Pradeep Kumar and Sushil Kumar for sale of the property so that Ram Baran, Pradeep Kumar and Sushil Kumar were bonafide transferees for consideration without notice.;