JAGDISH CHANDRA Vs. BRIJ MOHAN

JUDGEMENT

(1.) This is a defendant"s appeal by special leave and is directed against the judgment dated 15th May, 1969 of the Allahabad High Court upholding the decree passed by the District Judge in favour of the plaintiff for specific performance of a contract of sale.

(2.) The facts of the case lie within a very narrow compass and may be briefly stated thus.

(3.) The defendant Jagdish Chander purchased the lands in dispute for a consideration of Rs. 6000/- by a sale deed dated 12th July, 1958 including the Bhumidhari land from Ata Ilahi Khan who was the proprietor of the said lands. The sale deed in favour of the defendant Jagdish Chander contained a stipulation that the vendor would be entitled to repurchase the property for the consideration mentioned in the sale deed within five years from the date of the execution of the sale deed. On 18th Dec. 1958 Dec., 1958 Ata Ilahi Khan sold his right of repurchase of the land under the sale deed above mentioned to Bir Narain, Mangal Singh and Mukanda Singh, Thereafter, a few years later on 21st May, 1962 Ata Ilahi Khan again sold his right of repurchase in respect of the aforesaid property to Brij Mohan and Chandrapal Singh, plaintiffs Nos. 1 and 2. It would thus be seen that while selling the property to the defendant Jagdish Chander Ata Ilahi Khan had clearly incorporated an agreement to resell the land within five years on payment of the consideration of the sale deed itself. Armed with the sale deed executed by Ata Ilahi Khan in favour of the plaintiffs, the respondents filed the present suit for specific performance of the contract of sale contained in the sale deed executed by Ata Ilahi Khan in favour of the defendant Jagdish Chander. The plaintiffs sought to enforce that part of the contract which contained the right of the vendor to repurchase the property from Jagdish Chander within five years.