JUDGMENT

S.B. Majmudar, J.-The appellant on grant of special leave to appeal has brought in challenge the judgment and order rendered by the High Court of Judicature at Allahabad, Lucknow Bench dismissing the appellant s Second Appeal and in turn confirming the judgment and decree passed by the Trial Court against the appellant and as confirmed by the Court of the Additional District Judge, Lucknow, U.P. The appellant was original defendant No. 2 in the suit filed by predecessor-in-interest of respondent Nos. 1 to 3 herein, one Zahirul Huq, for specific performance of an Agreement of reconveyance of suit property which is a residential house. We shall refer to predecessor-in-interest of respondent Nos. 1 to 3, Zahirul Huq as plaintiff and the appellant, who was original defendant No. 2, as defendant No. 2 and predecessor-in-interest of respondent Nos. 4 and 5 as defendant No. 1. A few facts for appreciating the grievance of defendant No. 2, appellant before us in these proceedings, deserve to be noted at the outset.

2. The plaintiff filed Regular Civil Suit No. 9 of 1963 in the Court of Civil Judge, Malihabad at Lucknow for specific performance of an Agreement of reconveyance of the