Seth, J. - (1.) This Full Bench reference is the outcome of disagreement between the learned Judges composing the Bench, which heard an appeal against a decree of the Civil Judge of Muzaffarnagar at Meerut, dismissing a suit for the specific performance of a contract for the sale of land alleged to have been concluded on 7-2-1942. The learned Judges were agreed on some of the points requiring determination, but not on all. The points of disagreement are the subject-matter of the questions referred to us for decision.
(2.) The case appears to have assumed importance, not because of its own merit, but because of the learning and ability, with which it had been presented before this Court. When so much learning and ability is bestowed upon a case, which does not possess any extraordinary feature, attention is apt to be diverted to side issues, which have hardly any material bearing on the crucial points involved but which only tend to cloud the issue. In such a case, it is necessary not to lose sight of the essential features of the case and the crucial points involved in it.
(3.) I have had the advantage of reading the very full and learned judgment, which my brother Agarwala proposes to deliver. My learned brother has reproduced the questions referred to us for decision, has stated the facts and pleadings in the case in full detail, and has also exhaustively dealt with the authorities cited at the Bar. It is not necessary, therefore, to reproduce the questions again. I do not wish to make the judgment of this Bench cumbersome and for this reason propose to be as brief as possible, in what I have to say.;