Bhaskar Bhattacharya, J. : This second appeal is at the instance of a plaintiff in a suit for specific performance of contract and is directed against the judgment and decree dated July 24, 1989 passed by the learned Assistant District Judge, 2nd Court, Alipore in Title Appeal No. 226 of 1987 thereby reversing those dated December 23, 1986 passed by the learned Munsif, 5th Court, Alipore in Title Suit No. 346 of 1981.

2. The only question that arises for determination in this second appeal is whether an agreement for sale of property is enforceable if such an agreement was made during the pendency of a suit for partition and the defendant was at that point of time restrained by an order of injunction from transferring the disputed property.

3. The learned trial Judge granted a decree for specific performance of contract subject to the decision of the pending suit for partition. The learned trial Judge further directed the defendant to apply for permission to sell the property within a specified period. In case of default, the plaintiff was given liberty to get the deed executed after obtaining permission of the court where the partition suit is pending.

4. Being dissatisf