Judgment

Dharmadhikari, J.—Aggrieved by the grant of decree of specific relief of execution of Contract of Sale of the agricultural lands in suit by the first appellate court which has been confirmed by the High Court of Allahabad in Second Appeal, the legal representatives of the deceased defendant have preferred this appeal.

2. The suit for Specific Relief of agreement of sale was resisted by the original defendant mainly on the ground that he alone was not competent to enter into agreement of sale of the entire land in which his sons (now on record as legal representatives) had shares.

3. The trial court rejected the claim of Specific Performance of the Sale Agreement and granted only a decree for refund of the price paid as advance.

4. The First Appellate Court reversed the judgment of the trial court and granted decree for Specific Performance. The High Court has confirmed the said decree. The defendant’s plea of joint ownership of the plaintiff and his sons was held to be barred in civil court by the provisions of Section 49 of the UP Consolidation of Holdings Act 1953 (hereafter referred to as the “Act of 1953" for short). Such plea, the High Court held, could and ought to have