( 1 ) THIS is an appeal by the decree-holder against the order of the 2nd Additional district Judge, Durg, setting aside the order of the executing Court dated 19-71956 ordering delivery of possession of suit lands to tne decree-holder.

( 2 ) BRIEFLY stated the facts giving rise to this appeal are these. Plaintiff, Dadulal, had filed a suit for specific performance of contract against one Mantrial (defendant No. 1), who had contracted to transfer the suit lands to the plaintiff by a contract dated 9-11-1946 (Ex. P-1) but instead of transferring the land to him he transferred the same to Smt. Deokuwarbai and Shantilal (defendants 2 and 3 ). These defendants were, therefore, joined as purchasers of the land subsequent to the contract in favour of the plaintiff and, therefore, bound by it. The suit was decreed and the decree was maintained in second appeal also before the High court. In pursuance of the decree all the 3 judgment-debtors (defendants) were called upon to execute a sale-deed but having failed to do so the Court executed the necessary sale-deed in favour of the plain-tiff-decree-holder. Thereafter the plaintiff-decree-holder applied to the executing Court for being placed

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