JAGDISH SINGH Vs. NATTHU SINGH

JUDGEMENT

(1.) Special leave is granted and the appeal taken up for final hearing and disposed of by this judgment. We have heard Shri Manoj Swarup, learned counsel for the appellant and Shri Goodwill Indeevar for the respondent.

(2.) Appellant was defendant in a suit for specific performance. He seeks special leave to appeal to this Court from the judgment and order dated 5-4-1991 of the High Court of Allahabad in Second Appeal No. 3395 of 1978 decreeing, in reversal of the decrees of dismissal entered by the two Courts below, specific performance of an agreement for sale of land.

(3.) On 3-7-1973 respondent-Natthu Singh sold Plot No. 195 measuring 5 bighas and 18 biswas and Plot No. 196 measuring 9 bighas and 8 biswas of Gulistapur Village, Pargana Dadri to the appellant for a consideration of Rs. 15,000/-. On the very day, i.e., 3-7-1973, another agreement was entered into between the parties whereunder appellant agreed to reconvey the said properties to the respondent against payment of Rs. 15,000/- within two years. On 2-6-1975, well within the period of two vears stipulated for the performance of the agreement to re-sell, respondent instituted the suit for specific performance alleging that despite offer of performance and tender the price, appellant, with the dishonest intention of appropriating the properties to himself refused reconveyance. The appellant contested the suit principally on the ground that respondent was never ready and willing to perform the contract and that respondent himself was in breach.