Plaintiff’s Contention:

Plaintiff filed in trail court for the breach of an agreement between plaintiff and the defendant
no.1. Plaintiff executed an sale deed in favor of defendant no.1 on 22nd June 1968. After that
defendant executed a sale deed in favor of defendant no.6 in respect of the house property
alone on 14th April, 1971. Trail court gave a decision in favor of Plaintiff saying that
declaring that the sale-deed executed by defendant No. 1 in favour of defendants Nos. 2 to 5
was void and not binding on the plaintiff.
Defendant’s Contention:
First the condition made in sale deed is “If it is necessary to transfer the aforesaid property by
any instrument I shall transfer it into your Jangam family and not to others. The property is
sold on this condition.” After the decision given by the Trail court the appeal was passed to
District court the learned Extra Assistant Judge took the view that the restriction quoted in the
first paragraph of the judgment was void, being hit by section 10 of the Transfer of Property
Act. A Case Gayashi Ram v. Shahabuddin, the sale deed contained a clause that the
transferee would not transfer the property to any person either by way of sale, gift or even
mortgage except the transferor or his heirs. The court held that this condition is void and
therefore invalid. The condition in sale deed was too restrictive. He negated the plaintiff s
alternative stand based on breach of condition. According to him defendants Nos. 2 to 5 who
are first cousins of plaintiff and defendant No. 1 also belong to the Jangam Gharana of the
plaintiff.