NAIM KHAN Vs. ALI SHER

JUDGEMENT

(1.) Ali Sher, plaintiff, was the owner of the disputed agricultural land. He executed the sale deed of the said land in favour of Naim Khan on 1-9-1970. The present appellants are the heirs of Naim Khan. An agreement of repurchase of the property on payment of Rs. 12,000.00 was executed on 4-9-1970. Both the documents were registered on the same day i.e. 20-10-1970. In pursuance of the agreement of repurchase the appellant Naim Khan did not execute the sale deed. Therefore, the respondent Ali Sher filed the Suit for specific performance of contract for repurchase, dated 4-9-1970. In the Suit he made necessary allegations that he was ready and willing to perform his part of the contract and also alleged that he is still in the possession of the land in dispute.

(2.) The appellant contested the Suit. However, he did not dispute the execution of sale deed and the agreement of the re-purchase. On the other hand he contended that the plaintiff was never ready and willing to perform his part of contract and he has no money to re-purchase the land. The trial Court framed necessary issues and held that the plaintiff was not ready and willing to perform his part of contract and he has no money and, therefore dismissed the Suit. Aggrieved by the decree, the plaintiff respondent preferred Civil Appeal No. 162/87, which has been allowed by order, dated 14-7-1979 and the Suit for specific performance of contract of re-purchase on payment of Rs. 12,000.00 has been decreed. Aggrieved by it, the present appeal has been preferred.

(3.) I have heard Sri Ravi Kiran Jain, Senior Advocate and Sri R.B.D. Misra, learned counsel for the appellants and Sri R.S. Mishra, learned counsel for the respondent and have gone through the record.