JUDGMENT

Mr. Anil Kshetarpal, J.:- Defendants-appellants are in the regular second appeal against the concurrent findings of fact arrived at by the courts below, while decreeing the suit for specific performance of the agreement to sell as also relief of possession.

2. In the considered view of this Court, following substantial questions of law arise in the present case:-

(i)Whether a subsequent suit for specific performance of the agreement to sell would be barred under Order 2 Rule 2 of the Code of Civil Procedure if in the previous suit for injunction, the plaintiff has pleaded that defendant has finally refused to honour the agreement to sell and has suffered a compromise decree in favour of other persons?

(ii)Whether the courts are required to examine the evidence in detail before passing any judgment?

(iii)Whether in the facts and circumstances of the case particularly when the date on which the alleged agreement to sell was executed is found doubtful, it would be appropriate to grant decree for specific performance of the agreement to sell?

3. The parties are being referred to by their name. Pala Singh was owner of the property. He sold the property to defendants No.2 and 3 n