Judgment

Arijit Pasayat, J.—Leave granted.

2. Challenge in this appeal is to the judgment rendered by learned Single Judge of the Allahabad High Court, Lucknow Bench in a Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (in short ‘CPC’). The plaintiffs-respondents herein had filed a suit for specific performance of contract dated 30.7.1977 as well as for can­cellation of sale deed dated 14.5.1980. According to the plaintiffs a sum of Rs. 2,500/- had been paid as advance money and the considera­tion for sale was fixed at Rs. 10,000/-. Thus the balance amount of Rs. 7,500/- was to be paid at the time of execution of sale-deed. The suit was contested by the present appellant-defendant No. 3. The present appellant along with ­defendant No. 1 (respondent No. 4) con­tended that the permission to sell the land had been obtained from the Settlement Officer (consolidation) during the year 1980. When the plaintiffs were requested to purchase the land, they did not agree to get the sale deed executed. Thereafter defendant No.1-Jogendra Singh executed the sale deed in favour of the present, appellant and re­spondent No. 5.

3. The trial court decreed the suit and directed for s