Once the agreement of sale had been held to be proved, the direction of the Lower Appellate Court to conclude sale transaction by granting a decree could not be faulted with- Karnataka High Court.

Civil Procedure Code, 1908 Section 100 Enforcement of the agreement of sale - Suit of plaintiff dismissed on ground that plaintiff failed to prove the execution of agreement of sale - Appeal filed by plaintiff allowed - Agreement of sale between plaintiff and defendant had indicated that transfer would happen only on the Government granting permission - Could not be said that such agreement of sale was null and void and required the permission of the Government - All the original documents including the original grant certificate had been handed over to the plaintiff, therefore, the execution of the agreement of sale could not be denied - Defendant admitted that part of the consideration was paid by the plaintiff - Once the agreement of sale had been held to be proved, the direction of the Lower Appellate Court to conclude sale transaction by granting a decree could not be faulted with - Hence the sale between defendant No. 1 (seller) and defendant No. 2 (subsequent purchaser), unsustainable - No merit. 

(Karnataka High Court)