IMAMBI Vs. AZEEZA BEE

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned Counsel for the parties. The short facts are that the building in which the appellant resides, belongs to Azeeza Bee and her husband A. Khareemuddin.

(3.) The husband of respondent, Azeeza Bee, executed an agreement of sale in favour of the appellant in respect of the disputed building. However, when the sale deed was not being executed the appellant filed a suit for specific performance before the III Assistant Judge, City Civil Court, Madras, which was dismissed. On the other hand, the husband of the said respondent earlier filed a petition for the eviction of the appellant on the ground of his bona fide need. This petition was decreed. The appellant filed an appeal which was also dismissed. Thereafter, the respondent entered into an agreement with the appellant on 22nd November, 1981 representing that she is the full owner of the property. However, a suit for specific performance was dismissed by the trial court as aforesaid. The matter came to the High Court. In the meanwhile, on the basis of the eviction order passed earlier, execution petition was filed by the respondent. The same was dismissed by the executing court on the ground that the appellant's predecessor has obtained an agreement for sale with the respondent-decree holder. This order was challenged in revision before the High Court. It is pertinent to mention during the pendency of this revision before the High Court, respondent's husband died and she was impleaded as his legal representative. All these matters were clubbed together by the High Court and were disposed of by a common order dated 4'" December, 1996. The High Court upheld the right of the appellant to get her sale deed executed to the extent of half share only. It also ordered to proceed with the execution in respect of the other half share in accordance with law.