JUDGMENT :

1. ‘You can lead a horse to water but you can't make it drink’. The facts of this case bear reaffirming testimony to the wisdom of this proverb.

2. This is a defendant's Second Appeal arising from a Suit for Specific Performance of an agreement to reconvey the suit property and recovery of possession. The suit property is agricultural land bearing Khasra no.694, admeasuring 2 bigha,9 biswa and 3 biswansi, situate at Mauza Rampur, Pargana and District Muzaffar Nagar.

3. The Appeal has been brought by the defendant, Indraj Singh from the appellate decree of Sri Ram Surat, the then Second Additional District Judge, Muzaffar Nagar, dated 31.03.1995, dismissing Civil Appeal no.234 of 1976 with costs, and affirming an original decree of Sri D.C. Srivastava, the then Additional Civil Judge, Muzaffar Nagar, dated 27.08.1976, decreeing with costs Original Suit no.64 of 1974 for the relief mentioned hereinbefore.

4. The decree of the Court of first instance was affirmed earlier by the Lower Appellate Court in Civil Appeal no.234 of 1976 by its judgment and decree of 30th April, 1977. The said decree was set aside by this Court in Second Appeal no.1732 of 1977 with an order of remand t