SUPREME COURT OF INDIA (FROM: ALLAHABAD)
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D. P. Mohapatra, J. -
(1.)The judgment dated 24-9-1996 passed by the High Court of Allahabad in Second Appeal Nos. 1974/78 and 1975/78, is under challenge in these appeals filed by Ram Khilona, Charni, Smt. Kishni w/o Ratni, Hari Ram @ Harbans s/o Ratni, Smt. Mukhtary w/o Buddhi, Sher Singh s/o Buddhi, Shyam Lal s/o Buddhi and Praye Lal s/o Het Ram, against Sardar and Sher Singh, sons of Kanha Jaat, Nehal Singh s/o Todar and Ram Khilari s/o Todar (deceased) by his Legal Representatives Veerpal and Khemo.
(2.)In the impugned judgment the High Court allowed the appeals and set aside the judgment and decree passed by the Courts below. The operative portion of the judgment reads :
"In the result, both the appeals succeed and are accordingly allowed. The judgment and decree passed by the Courts below in both the suits are accordingly set aside. Suit No. 58 of 69 which was filed by covenators for specific performance of the agreement deed (Ext. 12) is dismissed with costs throughout whereas suit No. 58 of 71 which had been filed for declaration of the rights of the vendees over the land in suit is decreed with costs throughout. The vendees are accordingly declared owners of the land in suit by virtue of the sale deed which was executed by the vendors transferring the land in suit in their favour on 7-5-69."
(3.)The factual back drop of the case leading to the present proceeding may be stated thus :
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