THIS INDENTURE made this ……… day of ……… 1999 between AB son of ……… etc. hereinafter referred to as the purchaser which expression shall ……… of the one part and CD son of ……… hereinafter referred to as the vendor which expression shall …… of the other part whereas by conveyance dated …… day of …… 19……… made between the parties hereto and registered in Book I, Vol. ………, Pages …… to …… being No. ……… for the year ……… in the Office of the Registrar of …… it was witnessed that the vendor had for the consideration mentioned therein purported to grant, convey, sell, transfer, assign and assure the under mentioned property unto and to the use of the purchaser absolutely and for ever so as to enable the purchaser to have, hold, own, possess and enjoy the same peacefully and quietly without any claim, demand, interruption by any person or persons on behalf of and/or claiming under the vendor and to receive the rents, issues and other profits and benefits of the property AND WHEREAS the said conveyance though contained inter alia all the necessary covenants as are usual on the part of a VENDOR in the case of a sale of the property of that nature, viz. the covenant as to good title, peaceful possession, non-encumbrance, further assurance and indemnity, but nevertheless, the same could not be acted upon or otherwise given effect to inasmuch as the vendor did not and further could not deliver possession of the property up till now owing to obstruction and/or resistance as to such delivery of possession created by several persons still residing in the said property. And whereas the purchaser has in the circumstances aforesaid been kept out of possession of the said property and so deprived of all its rents, issues and other profits and other benefits thereof and also of all benefits of the moneys invested and whereas in the event herein before stated the conveyance has been infructuous to all intents and purposes and whereas in the circumstances herein before stated the parties have mutually agreed and decided to be relieved of their respective liabilities arising out of the transaction of sale by having the said conveyance canceled against refund of the consideration money only all other accounts between them having been settled and adjusted and whereas the said purchaser has returned the said conveyance to the vendor endorsed as “cancelled” thereon and the vendor has also refunded the consideration money to the purchaser which the purchaser do hereby admit, acknowledge and confirm now this indenture witnesseth that for the consideration as aforesaid the parties hereto do hereby mutually agree and declare the said conveyance shall be and has in fact and truth been canceled with immediate effect (as if the same was never executed or brought into existence) and as such the same was and shall be of no force and effect hereafter and This Indenture Further Witnesseth that parties hereto further agree and declare that in consequence of such cancelation as hereunder made all right, title, interest and claim, demand, etc. of the purchaser in the property concerned under and by virtue of the purported deed of conveyance are hereby retransferred, reassigned, and reassured shall be deemed as completely divested, extinguished and discharged and reverted fully to and vested in the vendor as his former estate and they are both placed in the same position in which they were before the sale and This Indenture furthermore witnesseth that the parties hereby mutually agree and covenant to each other that neither of them has done, executed or performed any act, deed or thing or suffered anything to the contrary whereby or by reason or means whereof the said property may in any way be affected or prejudiced in title or estate or the parties or any of them may be hindered or prevented from cancelling the said Indenture of Conveyance and releasing and re-transferring the said property unto and to the use of the vendor in the manner hereinbefore indicated.
The Schedule above referred to
IN WITNESS WHEREOF:
Signed, sealed and delivered AB
at ………… in the presence of: CD