Jyotirindra Nath Hore, J. - (1.) This appeal is directed against the judgment and decree passed by the learned Subordinate Judge, Alipore in Title Appeal No. 124 of 1971 reversing those passed by the learned Munsif at Baruipur in Title Suit No. 343 of 1968. The plaintiff/appellant filed the said suit against the defendant/ respondents for specific performance of contract for sale. The plaintiff's case was that the plaintiff sold 11/112 decimals of land described in the schedule to the plaint to defendant nos. 2 and 3 by a Kobala dated 6.6.64 (Ext. A2). Defendant nos. 2 and 3 in turn executed a deed of agreement (Ext. 1) stipulating that the defendant would reconvey the property to the plaintiff fora consideration of Rs. 200/- if they wanted to sell the said property. Defendant no. 3 transferred his share in the disputed property to Ashit and Netai in terms of the compromise decree in Title Suit no. 459 of 1965. Defendant no. 2 sold his share to defendant no. 1 by a Kobala. The plaintiff's case was that under the agreement dated 6.6.64, the plaintiff was entitled to get the property from the transferee defendant no. 1.
(2.) Defendant no. 1 contested the suit by filing a written statement in which it was pleaded inter alia that the agreement could not be split up for specific performance and that she was a bona fide purchaser without notice of the agreement and the contract could not be enforced against her. It was further pleaded that the agreement was void as the plaintiff executed it while he was a minor.
(3.) The learned Munsif held that the agreement for reconveyance being executed by the father and natural guardian of the plaintiff for his benefit the contract was valid and binding upon the plaintiff. He further held that it was a personal covenant and not a restraint on alienation within the meaning of section 10 of the Transfer of Property Act. He further held that the defendant no. 1 purchased the suit property from the defendant no. 2 with notice of the said agreement and therefore the contract was enforceable against him. The learned Munsif, therefore, passed a decree for specific performance of contract in part upon payment of proportionate consideration of Rs. 100/-.;