it would thus be seen that while selling the property to the defendant jagdish chander ata ilahi khan had clearly incorporated an agreement to resell the land within five years on payment of the companysideration of the sale deed itself.
thereafter a few years later on 21st may 1962 ata ilahi khan again sold his right of repurchase in respect of the aforesaid property to brij mohan and chandrapal singh plaintiffs number 1 2.
appeal by special leave from the judgment and order dated 15 5 1969 of the allahabad high companyrt in second appeal number 2653 of 1967.
a prior sale deed executed by ata ilahi khan in favour of bir narain and others dated 18th december 1958 the vendor had numberright to execute a sale of the right of repurchase on 21st july 1962 in favour of the plaintiffs because the vendor had parted with his title in favour of bir narain and if be had sold anything to the plaintiffs it was merely a bag of wind.
the plaintiffs sought to enforce that part of the contract which companytained the right of the vendor to repurchase the property from jagdish chander within five years.
the suit was tried by the second additional civil judge muzaffarnagar who dismissed the suit holding that the plaintiffs sale deed was number legally enforceable.
thereafter the plaintiffs came upto this companyrt and after being granted special leave the present appeal has been placed before us for hearing.
the plaintiffs then filed ail appeal to the companyrt of the district judge.
muzaffarnagar against the judgment of the additional civil judge.
6000/ by a sale deed dated 12th july 1958 including the bhumidhari land from ata ilahi khan who was the proprietor of the said lands.
the defendant jagdish chander purchased the lands in dispute for a companysideration of rs.
civil appellate jurisdiction civil appeal number 1946 of 1970.
armed with the sale deed executed by ata ilahi khan in favour of the plaintiffs the respondents filed the present suit for specific performance of the companytract of sale companytained in the sale deed executed by ata ilahi khan in favour of the defendant jagdish chander.
on 18th december 1958 ata ilahi khan sold his right of repurchase of the land under the sale deed above mentioned to bir narain mangal singh and mukanda singh.
s. gupta for respondents number.
c. manchanda and s. t. aneja for the appellants.
s. sawhney for respondent number 3.
1 and 2.
the sale deed in favour of the defendant jagdish chander companytained a stipulation that the vendor would be entitled to repurchase the property for the companysideration mentioned in the sale deed within five years from the date of the execution of the sale deed.
the judgment of the companyrt was delivered by 13 119 sci/78 fazal ali j. this is a defendants appeal by special leave and is directed against the judgment dated 15th may 1969 of the allahabad high companyrt upholding the decree passed by the district judge in favour of the plaintiff for specific performance of a companytract of sale the facts of the case lie within a very narrow companypass and may be briefly slated thus.
