- (1.) THIS appeal arose under following circumstances:
(2.) DISPUTE relates to bhumidhari plots 325, 335, 336, 337 and 338 measuring 7 bighas 10 biswas situated in village, Hafizabad Mewla, Pargana and Tahsil Meerut, District Meerut. Admittedly Ratan Lal was bhumidhar of the aforesaid holding which was sold for a sum of Rs. 10,000/- under registered sale deed dated 31-3-1960 to Sri Ram, appellant. An agreement about the aforesaid holding was also executed by Shri Ram appellant in favour of Ratan Lal on 5-4-1960 to reconvey this holding on payment of Rs. 15,000/- within two years. When Shri Ram did not reconvey the plots to Ratan Lal in pursuance of the deed of reconveyance. Ratan Lal filed suit 18 of 1961 against Shri Ram for specific performance. The claim was decreed by the trial court on 17-4-1962; First Appeal 125 of 1962 preferred by Shri Ram against the said decree was dismissed by the High Court on 5th September, 1963.
(3.) PENDING that appeal Ratan Lal assigned his rights in the decree for specific performance in favour of Dhani Ram Gupta and Firm Dasi Ram Shri Krishna through a registered sale deed dated 25th July, 1963 for a sum of Rs. 45,375/- After dismissal of first appeal 126 of 1962 Dhani Ram Gupta and Firm Dasi Ram Shri Krishna as assignees of the decree for specific performance applied to the executing court under O. 21, R. 16 of the Civil P. C. for execution of the decree vide execution case 72 of 1963 in the court of First Addl. Civil Judge, Meerut. Notices of this application were issued to Shri Ram and Ratan Lal and 7-3-1964 was fixed for hearing of the execution application on merits.;