- (1.) The appellant is the plaintiff in the original suit bearing No. 225 of 1969 on the file of the Additional Civil Judge, Aligarh. The respondent is the defendant. The suit was filed by the plaintiff-appellant seeking reconveyance of the property covered by the sale-deed dated 15-7-1964 executed by the plaintiff in favour of the defendant and requiring the defendant to perform the agreement of reconveyance specifically as entered into in the joint application of the plaintiff and defendant dated 20-11-1963 filed in the Insolvency Court and in default praying that the reconveyance deed may be executed by the Court. The extent of land is 5 Bighas and 7 Biswas in village Jarothi.
(2.) The trial Court decreed the suit in favour of the plaintiff on 2-1-1970 on condition of the plaintiff paying back Rs. 7000/- to the defendant. The said decree was affirmed by the first appellate Court on 10-12-1975. However, the Second Appeal 175 of 1976 preferred by the defendant was allowed and the suit was dismissed on 21-3-1977 by the High Court of Allahabad. Against the said judgment, the plaintiff has preferred this appeal by special leave.
(3.) The following are the facts : The plaintiff-appellant borrowed Rs. 5000/- from the defendant-respondent on 6-6-1961 and another sum of Rs. 2000/- on 27-1-1962. On the ground that the plaintiff did not repay the said amount, the defendant filed Misc. Case 27 of 1963 before the Insolvency Court, Aligarh on 19-11-1963 (Lower Court described it as application dated 20-11-1963) for declaring the plaintiff as an insolvent. On the same day the plaintiff and defendant signed joint application before the Insolvency Court the material portion of which (in paras 4 to 6) reads as follows : "That the creditor has agreed to accept Rs. 7000/- in full satisfaction of his dues and the debtor-applicant is transferring his Byhumichari property measuring 5 bighas 7 biswas to the creditor for the consideration of Rs. 7000/- with the condition of repurchasing the same within 5 years from the creditor for Rs. 7000/-, the creditor has kindly given his consent to the same settlement and agreed to purchase same with the above condition and to get the petition of Insolvency dismissed. That the debtor has Bhumidhari property measuring 14 bighas 7 biswas 5 biswansis is paying Rs. 31.94 n.p. as revenue. Out of this property the creditor has agreed to purchase 5 bighas for the consideration of his dues. The details of the same are given below at the foot of this application. That the parties in view of the above arrangement settled amongst themselves request humbly that permission be kindly granted to the debtor-applicant to sell his property as noted above and the creditor to purchase the same in order that the debt may be satisfied and the parties may not be put to unnecessary litigation and expenses." Thus, in the said I.A., there was an agreement for reconveyance inasmuch as it was agreed that the plaintiff could seek reconveyance within 5 years of the sale-deed.;