( 1 ) THIS is defendants first appeal against the judgment and decree of specific performance for contract passed in c. S. No. 7-A/1978.

( 2 ) PLAINTIFF filed a suit for specific performance of contract and declaration, declaring the sale-deed dated 14-3-1978 null and void. He pleaded that defendant No. 1 kanahiya entered into an oral agreement with him on 27-1-1978 to sell the land of survey No. 154 area 6,627 hectares situated at village Sangi-Bad (hereinafter called as suit land) in a consideration of Rs. 17,000/ -. He paid Rs. 10,000/- to the defendant No. 1 on the aforesaid date and it was agreed that balance amount be paid at the time of registration of sale-deed, possession of the suit land was also delivered to him on the same day by the defendant no. 1. On 14-3-1978 the defendant No. 1 sold the suit land to defendant Nos. 2 and 3 through their father Bane Singh inspite of his objecion before the Sub-Regisrar and notice to Bane Singh and the defendant No. 1 about the earlier agreement.

( 3 ) THE defendant No. 1 denied the fact that there was any oral agreement to sale of the suit land in favour of the plaintiff on 14-3-1978 or he received consideration of Rs. 10,000/- from

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