JUDGMENT :- Defendant 2 is the appellant in this Court and this appeal arises out of a suit for specific performance of contract. The plaintiffs case was that Uttar Manikpur Hitakari Bank, which is represented in these proceedings through its Secretary, had agreed to sell certain lands to the plaintiff under certain conditions. That offer was accepted bat the Bank did not accept the amount and the property was sold by the Bank to defendant 1. Hence the suit for specific performance.

2. Defendant 1, the subsequent transferee from the Bank, filed a written statement denying all allegations of collusion with the Bank or its officers and further pleaded that he was a bona fide purchaser for value without notice of the alleged previous contract wish the plaintiff. Defendant 2 filed a separate written statement alleging that the plaintiff did not fulfil her part of the contract, time was of the essence of the contract, and denying all the other allegations made about collusion and other statements. The learned Munsif decreed the suit in part directing defendant 2 to execute and register a kobala in favour of the plaintiff in respect of the property in suit within a particular date and in

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