JUDGMENT : 

This is plaintiffs appeal against judgment and decree passed by the Courts below, denying thereby decree for specific performance of contract.

2. Short facts involved herein are that the plaintiff/appellants instituted a suit for specific performance of agreement to purchase agricultural land comprised in Survey No. 145 in area 17 bigha 9 biswa, situated at Village Kanjwaha, Tahsil Khaniyadhana, District Shivpuri with allegations that the suit land belonged to Dhansingha (defendant No. 2), who was Bhumiswami and occupant of it. He agreed to sell it to the plaintiff for a consideration of Rs. 8500/-. He received entire consideration on 7-6-1984 and delivered possession of the suit land on the same day. He further executed an agreement of sale on the same day. The suit land was inherited by defendant No. 2 from Gajua, whose name was recorded as Bhumiswami. After the death of Gajua, the suit land was inherited by defendant No. 2 but his name was not entered in the record of rights in place of Gajua, therefore, it was agreed that registered sale deed would be executed by- defendant No. 2 after getting his name mutated in the record of rights in place of Gajua. Later on, defe

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