PURAN Vs. SYED NAZIRUL MOHSIN

JUDGEMENT

(1.) D. S. Sinha, J. Heard Sri A. N. Bhargava, learned counsel appearing for the defendant appellants and Sri S. A. Khan learned counsel appearing for the plaintiff respondent, at length and in detail.

(2.) THIS second appeal under Section 100 of the Code of Civil Procedure 1908, hereinafter called the Code, is directed against the decree and judgment dated 22nd May, 1979 passed by the Civil Judge, Fatehpur in Civil Appeal No. 254 of 1978 modifying the decree and judgment dated 25th September, 1978 passed by the Munsiff Magistrate, Fatehpur in O. S. No. 63 of 1977 between Syed Nazirul Mohsin and Puran and others.

(3.) THIS court has admitted this appeal and formulated the following two substantial questions of law for hearing : " (i) Whether the agreement in question having entered before the encactment of the Civil Law Amendment was not compulsorily required to be registered and, therefore, there should be no presumption that. the respondent knew about it. " (ii) Whether the lower appellate court was right in decreeing a suit for specific performance of an agricultural plot of land, which came to the appellant under consolidation proceedings, whereas the agreement was related to the different plots. "