RASHID ALI Vs. DARPARAM NAMASUDRA AND ORS.

JUDGEMENT

(1.) THIS is a Defendant 's appeal arising out of a suit to enforce a contract of repurchase as embodied in the deed of sale dated 15 -3 -1945 under which the Defendants 3 & 4 convoyed the disputed lands to Defendants 1 and 2. The document provided that the Defendants 1 and 2 would re -convey the property to Defendants 3 and 4 if after two years but, with in a period of fifteen years from the date of the sale the Defendants 3 and 4 would pay back the purchase price to the vendees, Defendants 1 and 2. The Plaintiffs are assignees from Defendants 3 and 4 and they sued to enforce this assignment.

(2.) THE two Courts below have decreed the Plaintiffs ' suit. The main defence to the action appears to have been that the Plaintiffs who are assignees from Defendants 3 and 4 could not enforce the right under that contract. There was some question of valuation also raised, but I have not been able to understand what legal bearing the question had upon the litigation. In any case, the finding on that point is against Defendants 1 and 2 who are the contesting Defendants and the point has not been pressed any further in this Court.