IN THE HIGH COURT OF JUDICATURE AT PATNA Second Appeal No.240 of 2009 Vijay Kumar Kandhbey & Ors Versus Raj Kumar Yadav & Ors For the appellants: M/S Farooque Ahmad Khan, Md. Sufiyan & Thakur Brajesh Singh ---------------------------------- 9 25-10-2011 Heard the learned counsel appearing on behalf of the appellants. The suit has been filed for specific performance of contract. The trial court has granted the alternative relief to the plaintiffs for payment of the advance amount given by them to the defendants in view of its finding that the property, subject matter of agreement for sale, had been sold away during the pendency of the suit to defendant nos. 2 to 6, who have come in possession and also got their names mutated. In appeal by the plaintiff, however, the appellate court has reversed the judgment and after considering the evidence and rival submissions of the parties has allowed the appeal and granted the main relief of execution of sale deed in favour of the plaintiffs, as prayed for. The learned counsel appearing on behalf of the defendant/appellants has submitted that in view of the suit land having been transferred after the agreement of sale and subsequent purchasers having come in possession of the suit property, there was no scope for grant of main relief to the plaintiffs regarding the execution of the sale deed and the appellate court below ought to have affirmed the judgment and decree passed by the court below. 2 It is not in dispute that defendant nos. 2 to 6 are subsequent purchasers of the suit land. In view of the finding regarding the validity of the agreement for sale, there is no scope to deny the main relief to the plaintiffs only on the ground that the suit property, subject matter of agreement for sale, had been sold away in the meanwhile. No other submission has been made on behalf of the appellants. There is thus no legal infirmity in the judgment of the appellate court below. There is no substantial question of law arising for consideration this appeal. This appeal is, accordingly, dismissed. roy ( V. Nath, J.)