Summary
The Court upheld specific performance of land-sale agreements, distinguishing an agreement to sell from a completed transfer for the claimed cooperative-law bar. It preserved the supported readiness-and-willingness finding and refused belated mixed factual and legal challenges on limitation, fragmentation and alleged loan security.
Issues
- Whether the agreements themselves constituted transfers barred by the cooperative statute.
- Whether the supported factual findings and newly raised defences could be revisited at later appellate stages.
Held
- An agreement to sell creates no interest in land and differs from a completed sale under section54 of the Transfer of Property Act. The agreement was not hit by the claimed section48 cooperative-law restriction; the finding that the bank dues had been repaid also defeated its application. (¶ 15–17)
- The first appellate court assessed the entire evidence on readiness and willingness. Its supported factual finding was not open to disturbance in second appeal. (¶ 18)
- The limitation issue was a mixed question not raised before the trial or first appellate court and could not first be examined in second appeal. The fragmentation defence likewise lacked pleading and presentation below, and the alleged loan-security characterization was factual and not urged before the High Court. Neither was entertained for the first time in this appeal. (¶ 19–25)
Result
Appeal dismissed; specific-performance decree and High Court decision upheld. Newly raised fragmentation and loan-security pleas were not adjudicated on their merits.