Banerjee,J. - (1.) This appeal, at the instance of the defendant, is directed against an appellate decree affirming a decree for specific performance of a contract of reconveyance, passed by a learned Munsif.
(2.) The plaintiff sold the disputed property to the defendant for a consideration of Rs. 3000/-, on January 29, 1952. On the very next day there was an agreement (Ex. 1) between the parties, by which the defendant agreed to reconvey the aforementioned property to the plaintiffs, it the latter' repaid to the defendant the sum pi Rs. 3000/- within January 1953. Time was made the essence of the contract under the said agreement.
(3.) On the property conveyed by the plaintiff to the defendant, there were certain tenants and it was expressly stipulated in the agreement (Ex. 1) that rents would be realised by the defendant and the plaintiffs would have no concern therewith. Also a portion of the property admittedly remained in occupation of the plaintiffs.;