Satyendra Singh Chauhan, J. - (1.) I have heard learned counsel for the parties and perused the record.
(2.) TWO points which have been put forward before this Court are that the suit under Section 6 of the Specific Relief Act does not amount to res judicata and the appellate court cannot re -appreciate or substitute its own finding in respect of the finding recorded by the trial court. So far as the proceedings under Section 6 of the Specific Relief Act are concerned, they are summary in nature and the title is not to be adjudicated in the aforesaid proceedings. It is still open for a person to institute a regular suit, if he is unable to get relief in summary proceedings for declaration of his rights in accordance with law. What right has been acquired by the plaintiff after he executed the sale deed and a deed of re -conveyance entered into between the parties with the stipulation that in case the plaintiff fails to repurchase the land within a period of three years, his rights over the land in question will come to an end. After the expiry of the period of three years, the respondent no.2 sold the land to respondent no.1. The rights after the expiry of the period of three years matured in favour of respondent no.2. He perfected his title as landlord after the expiry of the period of three years. The deed of reconveyance became effective after the expiry of the period of three years, as the sale amount was not paid.
(3.) IT is admitted in the plaint that the plaintiff was dispossessed forcibly in the year 1966. It has to be seen as to what right the plaintiff was having on the date of institution of suit. The plaintiff was merely a lessee on the said date. The lease has already come to an end after the expiry of the period of three years. As and when the lease has come to an end, whether the plaintiff can institute a suit for recovery of possession and damages in respect of the property, on which, his rights emerging from the reconveyance deed also came to an end in the year 1964. It is stated that plaintiff was ousted forcibly. If a person whose right to occupy the land has come to an end, either as a lessee or as a tenant after the expiry of the period of three years, the re -conveyance deed provided that the land in question will be let -out to the plaintiff for a period of three years and in the meantime, in case the sale consideration is returned back, the sale deed will become ineffective.;