ROOP LAL AND SHRIPAL Vs. BRIJNATH SINGH

JUDGEMENT

(1.) The suit for specific performance of contract of sale was filed by the respondent against the appellants which was dismissed by the trial court. The respondent filed first appeal No. 5 of 1975 which have been allowed by the Judgment and order dated 12.3.1976 by Civil Judge. Etawah and the suit for specific performance of contract of sale has been decreed. Aggrieved by it, the present appeal has been preferred.

(2.) The facts of the case are very simple and the dispute lies in a very small compass- The plaintiff-respondent was bhumidhar of plot Nos. 106-A and 106-B of Village Zhaipur district Etawah. He sold those plots by deed dated 29.4.1971 for a consideration of Rs. 1,500 and also delivered possession. There was a condition in the deed regarding reconveyance of the property in favour of the plaintiff within two years on payment of same consideration. It was alleged by the plaintiff-respondent that he was ready and willing to perform his part of the contract, but the appellants refused to reconvey the property and hence the suit was filed.

(3.) The suit was contested by the appellants. Their case is that the suit for specific performance of contract of sale is not maintainable as there was no agreement to sale. That the deed is mortgage with conditional sale.