- (1.) HEARD learned Counsels for the parties. Perused the record of the case.
(2.) FACTS of the case, required for the adjudication of the issues raised in this petition are not in dispute and briefly stated as follows: The petitioners are admittedly recorded tenure holders owners of Khasra plot No. 790 situate in Mauza Puresurdas, Pargana Jhunsi, district Allahabad measuring 7752 Sq. yards (2 Bighas 17 Biswas). Petitioners entered into an agreement to sell the land in question on May 18, 1983 with Prayag Upniveshan Avas Evam Nirman Sahkari Samiti Limited, Balrampur House, Allahabad, for short called 'the Society'. It is also not in dispute that sale - deed, on the basis of said agreement was not executed and the said deed was impounded under Indian Stamp Act, the Society failed to get the sale -deed executed and the petitioners finally gave notice dated March 4, 1991, revoked the agreement to sell in favour of the Society.
(3.) IN para 6 of the writ petition it is stated that petitioners continued to be recorded as owners of the land in question and this averment has not been disputed vide para 5 of the counter -affidavit (sworn by Gyan Prakash Srivastava filed on behalf of the contesting respondents).;