ORDER :

(Ahsanuddin Amanullah, J.)

Leave granted.

2. Heard learned counsel for the parties.

3. Both the original parties to the agreement to sell being dead, are now represented through their Legal Representatives (LRs). Appellants are LRs of the defendant whereas the Respondents are the LRs of the plaintiff.

4. The present appeal is directed against the Final Judgment and Order dated 18.07.2018 (hereinafter referred to as the “Impugned Judgment”) passed by the High Court of Judicature at Allahabad (hereinafter referred to as “the High Court”) in Second Appeal No.1574 of 1984 by which the second appeal filed by the respondents was allowed; judgment of the First Appellate Court was set aside, and; judgment of the Trial Court was affirmed and restored.

THE FACTUAL PRISM:

5. An Agreement to Sell (hereinafter referred to as “ATS”) was executed in favour of the respondents by the appellants on 31.07.1975. The ATS envisioned that the appellants had to apply for permission to sell the property within eight days and upon permission being received, the same was to be intimated to the respondents and the Sale Deed was to be executed within 15 days from receipt of such intimation by the respondents.