1931 (2) TMI 9

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....te suits. 2. On 20th March 1923, four sale deeds were drawn up and executed purporting to transfer the suit lands from defendants 1 to 4 to Diwan Singh, Bhola Singh, Bhagat Singh and Jowala Singh, respectively for a money consideration. These four men are individually the plaintiffs of the four suits. The deeds were left with Buta, Ram, their scribe, who was instructed not to part with them unt....

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....sed also and his appeal met with the same fate. The four plaintiffs are therefore the appellants in this Court and the points for decision are common to all the appeals. 6. It was held in Jammu Prasad v. Md. Aftab Ali Khan A.I.R. 1914 P.C. 16 by their Lordships of the Privy Council that the provisions of Section 32, Registration Act, regarding presentation of documents for registration by the p....

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....y an act of vendor. These authorities therefore support the view that the plaintiffs can enforce specific performance in such a case as the present provided that they are in the position of being able to prove the terms of their agreements. 8. In the present cases however the plaintiffs are confronted with the difficulty of proving those terms. The deeds of which Buta Ram took possession cannot....

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....ut that the law does not permit it to be proved. That evidence related to an oral agreement regarding the actual terms of the sale. Now any such oral agreement if it was made, must have merged in the sale transaction that became recorded in the sale deed and as held in Mt. Parmeshri v. Autar Singh A.I.R. 1921 Lah. 113 other evidence of the transaction than the deed itself is barred by the provisio....