Judgement

Appeal (No. 1 of 1932) from a decree of the High Court (June 12, 1930) reversing a decree of the Subordinate Judge of Patna (March 31, 1928).

The appellant instituted a suit for specific performance of a contract of November 26, 1926, for the sale to him of certain immovable property, and had obtained a decree against defendants Nos. 1, 2, and 3. The present appeal related only to defendant No. 4 (respondent No. 1), the decree against whom had been set aside by the High Court. He claimed title to the property under a registered sale-deed of December 22, 1926 ; a decree was prayed for against him under s. 27 (b) of the Specific Relief Act, 1877.

The facts of the case and the terms of the above section appear from the judgment of the Judicial Committee.

Among the issues framed were (6.) Had defendant No. 4 knowledge of any contract between the plaintiff and defendant No. 1 before execution of the sale-deed in his favour ? (7.) To what relief, if any, is the plaintiff entitled ?

The trial judge made a decree for specific performance against all the defendants. Applying Muhammad Sadik Khan v. Masihan Bibi (( 1930) I. L. R. 9 P. 417.) he held that, the plaintiff having proved