( 1 ) THIS judgment will also govern the disposal of First Appeal No. 121 of 1971 (Daryao Singh v. Smt. Halkibai and others. These appeals brought from a common judgment of Shri R. L. Sanghani, IIIrd addl. District Judge, Bhopal, dated 2nd September 1971, raise a common question and, therefore, they are disposed of by a common judgment

( 2 ) THE relevant facts, in brief, are as follows: The field Khasra No, 77/6/2, area 29. 54 acres, situate in village Kondari, belonged to Major Wall Mohammad, By an agreement dated 14-6-1954, Ex. P-19, he agreed to sell the field to Barelal for Rs. 3692. 50 p. pursuant to the agreement, he received Rs. 1,000 by way of earnest money. On 2-8-1954 Barelal paid him Rs. 700, vide receipt, Ex. P-20. Barelal paid Rs. 1,848 in all but could not arrange for the balance and evidently abandoned the contract in favour of Ganesh Singh, his brother-in-law, i. e. , wife's brother. The balance consideration of Rs. 1844. 50 was, accordingly, paid by Ganesh Singh, Wali Mohammed executed a sale-deed on 22-6-1955, Ex. P21, of the said field in favour of Sunder Singh minor son of Ganesh Singh and mst. Mathura Bai, his widowed sister and their names were du