Hon’ble Pankaj Mithal, J.—Ram Singh had agreed to transfer his half share in the agricultural land Khasra No. 72 area 5.3 acre and Khasra No. 215 A and B area 17.5 acre total area 20.45 acre situate in village Kherat, district Mathura in favour of Sughar Singh for a total consideration of Rs. 56,000/- after receiving an advance of Rs. 25,000/- at the time of the agreement. The agreement was executed on 10.10.1976 but was not registered as at the relevant time there was no compulsion for getting such an agreement registered.

2. Later plaintiff Sughar Singh, instituted a suit for specific performance of the above agreement to sell against Ram Singh arraying him as defendant No. 1 and Hari Singh, Rakshapal, Raghuvir and Goverdhan as the other defendants 2 to 5 being the subsequent purchasers of the aforesaid land vide sale deed dated 23.6.84.

3. The aforesaid suit was filed on the allegation that under the aforesaid unregistered agreement to sell defendant No. 1 had agreed to transfer his half share in the said land to the plaintiff for a sum of Rs. 56,000/-. He had received Rs. 25,000/- in advance at the time of the agreement and it was agreed that the sale deed would be execu