Judgment

SHINGHAL, J.:- This appeal, by special leave, is directed against the summary dismissal of defendant Piarey Lals second appeal on August 13, 1975. As the leave has been limited to the question of interpretation of clauses (a) and (b) of Section 30 of the U. P. Consolidation of Holdings Act, 1953, (hereinafter referred to as the Act), "for the purpose of deciding whether the liability of the petitioner to specifically perform the contract of sale of the old holding was transferred to the new chak allotted to him on consolidation," it will be enough to state the facts which bear on it.

2. Respondent Hori Lal raised the suit for specific performance of an agreement dated March 6, 1966, for the sale of six plots of land measuring nine bighas and six biswas in village Hathiawali, Tehsil Gannaur. It was alleged in the plaint that Rs. 3000/- were paid by the plaintiff Hori Lal in advance, and the balance of Rs. 2000/- was to be paid at the time of the execution of sale deed, within one year of the agreement. It was also pleaded that as defendant Piarey Lal refused to execute the sale deed, the plaintiff was driven to the necessity of filing the suit for specific performance of the