( 1 ) KUNDAN and Mohar Singh were the co-sharers of Plot No. 645 measuring 4 bighas 8 biswas situated at Village Amarpur in the district of bulandshahr. Kundan and Mohar Singh executed an agreement for sale of the said land in favour of the appellant on 8-4-1969. Since the vendors did not execute the sale deed, the appellant brought a suit for specific performance of agreement for sale of the land. The said suit was dismissed by the trial court. However, the first appellate court allowed the appeal of the appellant and the suit for specific performance was decreed. Thereafter, defendant Kundan and mohar Singh, preferred a second appeal before the High Court. During pendency of the appeal before the High Court, Mohar Singh executed a sale deed with respect to his half share in the land in dispute, in favour of the appellant. Subsequently, second appeal filed by Kundan and Mohar Singh was dismissed by the High Court, Since Kundan did not execute the sale deed despite the decree, the appellant put the decree for execution. In the said execution case, Kundan filed an objection, inter alia, on the ground that what was agreed to be transferred was land and not the trees standing thereon,