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To complete the chronology of events, it may be mentioned, that, the Trustees had instituted suit no.87/81 which got dismissed for non-prosecution.

On 3.10.1994, the Trustees - appellants herein, moved an application under section 28(1) of the 1963 Act read with section 151 CPC. It was alleged that there was a collusion between the two trustees and respondent; that the said two Trustees had alone agreed to renew the lease dated 25.11.1960 for a further period of 70 years; that these two Trustees received Rs.4 lacs from the respondent; that they did not account for it; that on 23.12.1980 they approved draft deed; that the said draft was in connection with renewal of lease for 70 years on payment of premium of Rs.30 lacs and increased monthly rent of Rs.30,000/- on and from 1.5.1981; that the said Trustees had no authority to act on behalf of the said Trust; and, therefore, the agreement for renewal was null and void and not binding on the estate. It was further alleged that title suit No.176/81 was a counterblast to suit no.87/81; that even after passing of the decree dated 25.7.1985 in the title suit no.176/81, the respondent did not tender the deed to be executed by the Trustees nor did it tender the rent for nine years; that the respondent even failed to pay the balance premium of Rs.26 lacs as agreed. That the respondent was earning income by letting out premises for marriages etc. In the circumstances, it was alleged that the respondent herein was not ready and willing to discharge its obligations under the decree dated 25.7.1985. Hence, it was submitted that contract dated 16.8.1980 be rescinded and the decree dated 25.7.1985 in suit no.176/81 be recalled.