ORDER

This appeal by special leave arises from the judgment of the single Judge of the High Court of M.P., passed on August 28, 1985 dismissing the second appeal.

2. The appellant is a subsequent purchaser from Smt. Reshambai, wife of Ramaji Gujar. The admitted facts are that the deceased respondent and Reshambai had purchased jointly, an extent of 9 acres 2 decimals of land under sale deed dated August 26, 1966. There was a contemporaneous agreement of sale executed by Reshambai in favour of the appellant agreeing to convey her share in the property under the sale deed in terms of the agreement to the respondent. Pursuant to the sale, it is not in dispute, there was an oral arrangement under which the parties came to be in respective possession of the land comprised in the sale deed. When Reshambai attempted to sell the land to the appellant, notice was issued by the respondent on January 20, 1969 calling upon her to execute the sale deed in terms of the agreement of sale. In her reply dated January 24, 1969, she denied having agreed to sell the land to him and refused to execute the sale. Reshambai also denied her liability to execute the sale deed. As a consequence, the respondent