Nisha Gupta, J. - (1.) This is defendant's first appeal against the judgment and decree dated 7.7.84 passed by Additional District Judge, Kishangarhbas Distt. Alwar in Civil Suit No. 44/1980 (79/79) whereby the suit for specific performance of the agreement to sale has been decreed.
(2.) The brief facts of the case giving rise to this appeal are that plaintiff respondent filed a suit for specific performance of the contract for sale of agricultural land measuring 10 bighas and 3 biswas. Initially, the suit was filed against defendant respondent No.3 Gordhan Lal only. The case of the plaintiff respondent was that Gordhan Lal executed an agreement to sale Ex.1 in respect of the agricultural field on 17.5.79 for a sum of Rs. 34,500/- in favour of plaintiffs and a sum of Rs. 20,000/- was paid in cash and receipt Ex. 2 was issued on the same day. It was also pleaded that the balance amount was agreed to be paid on 15.12.79 at the time of registration of sale deed, sum of 14,500/- was paid on 17.11.79 and it was agreed that the registration of the sale deed shall be made on 18.11.79 but thereafter, respondent Gordhan Lal refused to execute the sale deed though the plaintiff respondents were prepared to perform their part of the agreement and are still ready to do so. A damages of Rs. ,00/- has also been claimed and suit has been filed for specific performance of the contract. Gordhan Lal in his written statement admitted the entire claim of the plaintiff. During the pendency of the suit, the present appellant filed an application under Order 1, Rule 10 CPC for becoming a party to the suit, as the property has been purchased by them. The respondents No. 4 and 5 filed a joint written statement and contested the suit on the grounds that they had no knowledge of any agreement to sale dated 17.5.79 they are the bonafide purchaser without notice of earlier sale, the suit is collusive between the plaintiff and the defendant Gordhan Lal and their right should be protected.
(3.) On the pleadings of the parties, initially four issues have been framed. Thereafter, issue No.4/A has been added. After hearing, the suit has been decreed, hence this appeal.;