ORDER :

1. These matters have been laid before the Division Bench upon a reference made by a learned Single Judge of this Court vide his order, dated 26th December, 2017, for answering the following questions:

(i) Could the learned Court below decree the suit despite the plaintiff having not specifically assailed the sale-deed and sought its cancellation?

(ii) Whether the judgment of this Court in Rajinder Singh vs. Sushil Kumar and Others, 2006 (2) Shim. L.C. 326, having been impliedly overruled or whittled down by the subsequent judgment of the Hon'ble Supreme Court in B. Vijaya Bharathi vs. P. Savitri and Others, AIR 2017 SC 3934, can be said to have laid down the correct law?

2. We have heard Mr. K.D. Sood, learned Senior Counsel, Mr. Arsh Rattan, Mr. Tara Singh Chauhan and Mr. Rishab Chandel, Advocates, appearing for the respective parties.

3. Facts of the case in brief are that the plaintiff (respondent No. 1) filed a suit for possession by way of specific performance of the agreement to sell, dated 19th December, 1997, executed in his favour by defendant No. 1 (appellant in RFA No. 276 of 2003), who agreed to sell his half share in the suit land to plaintiff (respondent No. 1) fo