R. B. LAL J. :- This appeal by the plaintiff is from a judgment and decree dated 23rd May, 1978 of the, 2nd Addl. Civil Judge, Meerut dismissing the suit for specific performance and recovery of possession.

2. The plaintiff-appellant brought suit with the allegations that on 25th Sept., 1965, Smt. Omkari (defendant No. 1) had agreed to sell her land to him for a consideration of Rs. 20,000/-. She had 1/3rd share in joint bhumidhari and sirdari khatas. She had agreed to have her share partitioned and to acquire bhumidhari rights in respect of the sirdari land. The sale deed in his favour was to be executed thereafter. He paid a sum of Rs. 3,000/- to the defendant No. 1 as advance and she executed a registered agreement to sell in his favour. He gave notice dated 13th May, 1968, to the defendant No. 1 to have her share partitioned and to execute a sale deed thereof in his favour on receipt of the balance consideration of Rs. 17,000/- but she did not pay any heed. Defendant No. 1 and her co-sharers were in collusion, and therefore he thought that it would not be expedient to wait till the partition of the share of the defendant No. 1. He gave another notice dated 9/10 Sept., 1