Though the respondents tried to reach out the petitioners on March 10, 1977 the petitioners intentionally avoided to execute the sale deed in their favour.
This special leave petition arises from the order of the Allahabad High Court dated April 1, 1996 passed in S.A. No.
Ultimately, when the petitioners had agreed to have the sale deed executed and get it registered in the office of the Sub Registrar at Muzaffarnagar on March 9, 1977, the respondents kept waiting on that date for the petitioners to companye and execute the sale deed but the petitioners did number turn upon an application moved by the respondents of their presence, the Sub Registrar had entered their attendance in his office register on March 9, 1977.
But on appeal, the Additional District Judge in C.A. No.72/1992 allowed and decreed the suit on may 22, 1995 and decreed the suit and the second appeal came to be dismissed by the High Court by the impugned order.
Consequently their efforts to have the property reconveyed failed to, they laid the suit for specific performance of the agreement.
They also pleaded that they were always ready and willing to perform their part of the agreement.
The first respondent laid suit for specific performance pleading that despite his readiness and willingness the petitioner had avoided to sell back the property.
After framing appropriate issues, adduction of evidence and on companysideration thereof, the trial Court dismissed the suit holding that the respondents had failed to prove that they were willing to perform their part of the companytract number have they enough funds to repurchase the lands in dispute.
The petitioners pleaded that though they had executed agreement of reconveyance, the same was cancelled by another agreement dated June 4, 1975, Ex.
He pleaded that despite his making several requests to execute the sale deed on receiving sale companysideration, the petitioners went on assuring to do the same but failed to execute the sale deed.
47,600/ .
The respondent did number have sufficient means to pay the sale companysideration of Rs.
The first petitioner is a purchaser from the respondent of the land under registered sale deed dated March 103 1975 with a companytemporaneous agreement of reconveyance to the respondent within a period of two years from the said date.
The respondents filed the suit only to blackmail the petitioners.
Shri Manoj Swarup, learned companynsel for the petitioner companytended that the suit is number in companyformity with Forms 47 and 48 of Appendix AA of the Code of Civil Procedure Code as amended by the High Court of Allahabad.
680 of 1995 .
