PRAKASH KRISHNA, J.

( 1 ) BUNGALOW known as white House being House No. 15/71, Civil Lines Kanpur standing on plot nos. 104, 104-A 104-B, total area of about 14972 sq. yards was sought to be purchased by the present applicant, namely, Sri ramesh Chandra Srivastava (now dead) and represented by his heirs and legal representatives from its owner namely Lucknow Diocesan trust Association (L. D. T. A.), duly incorporated under the Companies Act, for a sum of Rs. 1,50,000/ -. On 5th May, 1960 the applicant and LDTA entered into registered agreement to purchase the aforesaid premises by means of a registered agreement to purchase. Applicant paid Rs. 5000/- as earnest money for the aforesaid bungalow standing on lease hold property and there was a condition in the lease deed prohibiting alienation except with the sanction of the District Magistrate, and, therefore, an application for permission to sell the lease hold rights in favour of the applicant was moved. Requisite permission was granted by the District Magistrate on 27th August 1970. The owner of the aforesaid property for one reason or the other failed to execute the sale deed in pursuance of the aforesaid agreement, which led to

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