V B DHARMYAT Vs. JAGADGURU TONTADRYA

JUDGEMENT

(1.) Challenge in these appeals by special leave is to the decision of the High court which had, while setting aside the judgments of the trial court and the lower appellate court, dismissed the appellant' s suit for specific performance.

(2.) Briefly stated, the facts are:

(3.) It is on 31/1/1964 that the town municipality vacated the premises by removing the post-mortem house. It appears that the said municipality had constructed another post-mortem house to meet the requirements. The respondents took possession of the land in question on 1/2/1964. It is thereafter that an agreement was entered into on 16/3/1964 between the owner Respondent 1 and Respondent 2 whereby the same plot of land was sought to be given on lease to Respondent 2.