GANGA SINGH Vs. SANTOSH KUMAR

JUDGEMENT

(1.) This order will be deemed to be a continuation of my order dated 18th September 1961 and the two orders together will constitute the judgment in this appeal. The facts which have given rise to this second appeal have been detailed in the previous order, but a very brief resume will not be out of place. In 1936 the ancestors of the plaintiffs-appellants entered into a transaction of sale and agreement to re-sell under two separate registered documents. By the first these ancestors sold certain plots of land to the four vendees for a sum of Rs. 2500/- and by the second the vendees agreed to reconvey the same property to the vendors if the sale pries was paid bach within ten years. The property was subject to pre-emption and one Misri Lal asserted this right successfully in the law courts. He stepped into the position of the vendors and obtained possession. Subsequently he transferred about half of the land to two persons, Shishpal Singh and Bhura Singh who are co-defendants in the suit, in 1946 the agreement of reconveyance was enforced by the present plaintiffs who are the descendants of the original vendors. On refusal, they filed the present suit for specific performance on 18th January 1948. The defendants were the original party to the agreement of 1936, the preemptor-Misri Lal, and his transferee Shishpal Singh and Bhura Singh.

(2.) The suit was contested and a number of pleas were raised in defence. Both the Courts below upheld them and dismissed the suit and the plaintiffs came to this Court in second appeal.

(3.) After a lengthy hearing I reversed the findings of the Court below and came to the conclusion that the plaintiff's appeal must be allowed.