1. Appellant’s suit for specific performance in respect of sale of half-undivided share of entire second floor of plot B-11, Housing Society, N.D.S.E. Part-I, measuring 370 sq. yards stands dismissed by trial court vide impugned order of 24th May, 2005 while holding that the two Agreements to Sell of 27th November, 1995 in respect of half-undivided share of defendant No.1/respondent No.1, who was a minor, cannot be enforced. Although on the pleadings of the parties, seven issues were framed, but trial court vide impugned order has decided the main issue No. V by relying upon Section 8 of the Hindu Minorities and Guardianship Act, 1956 (hereinafter referred to as ‘the Act’). Impugned order holds that statutory permission under Sub-section (2) of Section 8 of the Act has not been taken and so, specific performance has been declined.

2. The factual matrix of this case, as noted in the impugned order, is reproduced hereunder:-

“In brief, facts material for the consideration are that the plaintiff has filed this suit for specific performance of the Agreement to Sell. It is the case of the plaintiff that he had been introduced to defendant No.2 for negotiation of the sale of a re