JUDGMENT :- The present second appeal came up for hearing before a learned single Judge, but because of the importance of the questions of law involved in the case, he referred the case to a larger Bench. This is how this appeal has come before us.

2. The present appeal by the defendants arises out of a suit for specific performance of a contract. The parties belong to the same family and descend from Ajib Khan, as would be evident from the pedigree, given below;

Abdul Razzaq was the bhumidhar and sirdar of the disputed plots. On 10th December, 1969, he entered into an agreement with Ayub Khan to sell away the same for a consideration of Rupees 1600/-. A sum of Rs. 1200/- was paid towards earnest money. It was stipulated that Abdul Razzaq would acquire bhumidhari rights in respect of the sirdari plots by depositing ten times rental within four months, and, thereafter, he would transfer the plots. It was further stipulated that along with the plots, the crops standing thereon on the date of the agreement would also be transferred by Abdul Razzaq to Ayub Khan. Abdul Razzaq however, instead of executing the sale deed in favour of Ayub Khan, executed a sale deed dated 28th Dec, 1969, in

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