Judgment

S.B. Sinha, J.—A two-Judge Bench of this Court by an order dated 6.9.2001 referred the matter for decision by a bench of three Judges in view of the purported conflict recorded in Kartar Singh vs. Harjinder Singh and Others [(1990) 3 SCC 517] and Rachakonda Narayana vs. Ponthala Parvath­amma and Another [(2001) 8 SCC 173].

2. The basic fact of the matter is not in dispute.

Balwant Singh father of the Appellant herein was the owner of the suit land measuring 153 Kanals 19 Marlas. He allegedly entered into an agreement to sell the said land on a consideration of Rs. 500/- per Bigha. The total consideration of Rs. 16,000/- in terms of the said agreement for sale dated 22.7.1964 is said to have been paid. However, for some reason or the other no sale-deed could be executed and registered pursuant to or in furtherance thereof. It is stated that Arjan Singh had paid a further claim of Rs. 14,000/- in addition to the said sum of Rs. 16,000/-. The said Balwant Singh died on 11.2.1968 whereafter the Appellant herein entered into another agreement for sale on or about 17.10.1968 in relation to the suit land. The said agreement was entered into by him on his own behalf as also on behalf