( 1 ) THE facts of the case are very simple. The appellants had agreed to sell -/12/share in the village for a consideration of Rs. 2100/-, out of which Rs. 1900/remained to be paid. As there was no sale, a suit for specific performance was filed by the respondent. That Suit (Civil Suit No. 31-A of 1949) was decreed. It was ordered that the plaintiff should deposit Rs. 1900/- and on the deposit being made, the defendants should execute the sale deed and deliver possession of the property agreed to be gold. The amount was deposited by the plaintiff-respondent on 22-12-1949. As the appellants did not execute, the sale deed; the Court executed it and registered it on 30-11-1950. In the meantime, another suit was filed by the sons of the appellants, which was Civil Suit No. 62-A of 1949. In that suit, a declaration was sought by the sons of the appellants that the appellants had no right to sell -/9/6 share of the village. That suit was decreed. By that time, on 31-3-1951, the M. P. Abolition of Proprietary Bights Act came into force and the property in the village share vested in the State. The result was that the respondent could not get possession of the property.

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