Judgement

Appeal from a judgment and decree of the High Court (May 24, 1911) reversing a judgment and decree of the Subordinate Judge of Azamgarh (October 13, 1909).

By a sale deed executed on May 2, 1903, the respondents sold to the appellants three mauzas of which they were the proprietors within the meaning of the North-Western Provinces Tenancy Act, 1901. The sale purported to include the sir and khudkasht lands and ex-proprietary rights. The deed contained an agreement by the vendors to execute a deed of relinquishment of the sir lands, and to pay to the purchasers damages at the rate of Rs.16 per bigha should possession not be given of any portion of the sir and khudkasht lands.

The respondents executed a deed, dated May 6r 1903, by which they purported to give up possession of their ex-proprietary holdings in performance of the agreement, and this deed was subsequently registered. The respondents, however, refused to give the appellants possession, and the latter instituted the present suit claiming Rs.16 per bigha damages, as provided by the agreement, together with interest.

The respondents by their written statements contended (inter alia) that the agreement was invalid a