ORDER

1. Challenge in these appeals by special leave is to the decision of the High Court which had, while setting aside the judgments of the trial court and the lower appellate court, dismissed the appellants suit for specific performance.

2. Briefly stated, the facts are :

That on 25-11-1961 the parties in these appeals had entered into an agreement. By virtue of that agreement the appellant had agreed to take on lease for a period of 99 years a parcel of land which, at that time, was not in the possession of the respondent owners. The said land was in possession of the municipality and the agreement postulated that the municipality would be vacating the premises and would remove the postmortem house and thereupon the plot of land would be given on 99 years lease to the appellant. The agreement further stated that at the time when the possession of the plot is handed over a balance sum of Rs. 2500 would be paid as advance rent for 50 years, Rs. 1000 having already been received on the date of the signing of the agreement by the representative of the owner, and a formal lease deed would be executed and registered in the presence of the Sub-Registrar.

3. It is on 31-1-1964 that the