( 1 ) LEAVE granted.

( 2 ) IN a suit for specific performance of an agreement to sell immovable property the trial court decreed the suit in terms of the plaint. But the District court in a first appeal filed by the defendant reversed the said decree and dismissed the suit and the plaintiff filed a second appeal before the High court. A learned Single Judge of the High Court passed the impugned order dismissing the second appeal in which it is observed that in the light of the finding of the first appellate court that the property did not belong to the 2nd defendant he had no authority to execute an agreement to sell the same.

( 3 ) LEARNED counsel for the appellant contended before us that the learned single Judge of the High Court had misquoted the judgment of the first appellate court since there was no such finding that the 2nd defendant had no title to the property. Our attention had been drawn to paragraph 14 of the judgment of the first appellate court, which is as under:"defendant 1 has claimed the property under dispute to be her istridhan. Defendant 1 has not come forward to depose herself in this case. Question of title cannot be decided in a suit for specific performanc