Ganga Singh and others vs Santosh Kumar and others

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 plaintiffsappellants entered into a transaction of sale and agreement to resell 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 price was paid back within ten years. The property was subject to preemption 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 codefendants 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 1946. The defendants were the original party to the agreement of 1936, the preemptor Misri Lal, and his transferee Shishpal Singh and Bhura Singh.