BRIJ MOHAN Vs. SUGRA BEGUM

JUDGEMENT

(1.) The plaintiffs by special leave have filed these appeals against the judgment of Andhra Pradesh High court, Hyderabad, dated 24/09/1987.

(2.) The four plaintiffs who are brothers filed the present suit on 17/07/1979 for specific performance of oral contract for sale of a building known as "roshan Manzil" located in an area of 4165 sq. yards in Saifabad, Hyderabad. M/s Gopi Hotel was the tenant in the premises. According to the case as set up in the plaint plaintiff 1 Brij Mohan learnt some time in the first week of April 1979 that defendant 1 Smt. Mahboobunnisa Begum (since deceased) was contemplating the sale of the property in question and that Shri Arif Ali, her advocate and income taxpractitioner was assisting her in finding a purchaser. Shri Arif Ali had mentioned the above intention of defendant 1 to Shri Ibrahim Moosa of M/s J. Moosa and Company who was known to plaintiff 1. On learning from Shri lbrahim Moosa plaintiffs 1 and 2, namely, Brij Mohan and Jagmohan along with Shri lbrahim met Shri Arif Ali. Shri Arif Ali gave the details of the property and also showed the plans of the property to them. Shri Arif Ali stated that the defendant was expecting the price of Rs. 10,00,000. 00. Plaintiffs 1 and 2 offered Rs. 7,00,000. 00. Shri Arif stated that he will ascertain from the defendant her reaction to the said offer. A fortnight later i. e. in the third week of April 1979 plaintiffs 1 and 2 along with Shri lbrahim Moosa and Shri Arif Ali went to the residence of the defendant, who was insisting on the payment of Rs. 10,00,000. 00 as the sale price. At the said meeting the husband of the defendant was also present. Plaintiffs 1 and 2 increased their price from Rs. 7,00,000. 00 to Rs. 8,00,000. 00. Defendant 1 said that she would think over and inform plaintiffs 1 and 2 through Shri Arif Ali. On 3/05/1979 plaintiffs 1 and 2 along with Shri Ibrahim Moosa met Shri Arif Ali. Arif Ali stated that the defendant was agreeable to sell the property to plaintiffs only for Rs. 10,00,000. 00 and not a pie less. Thereupon the plaintiffs agreed to pay Rs. 10,00,000. 00 as the sale price. Shri Arif Ali after getting the confirmation of acceptance of the said offer of plaintiffs 1 and 2 from defendant 1 said that plaintiffs 1 and 2 should meet the defendants on 6/05/1979 and that she would in the meanwhile purchase the stamp papers for making the formal agreement for sale incorporating the oral agreement arrived at.

(3.) It was further alleged in the plaint that on 6/05/1979 plaintiffs 1 and 2 along with Shri Ibrahim Moosa met defendent 1 and her husband in the presence of the said Shri Arif Ali. In the said meeting the amount of earnest money to be paid, time for registration of the sale deed etc. were decided. The said Shri Arif Ali prepared in his own handwriting a draft of the receipt incorporating the terms of the orally concluded agreement for sale. The draft was scrutinised by the husband of defendant 1 who suggested some alterations. The said Shri Arif Ali thereupon prepared final draft of the receipt in his own hand. He handed over the first and the final draft to plaintiff 1 to get the latter typed andduly stamped. He also delivered the stamp papers to plaintiff 1 for being used for typing of the formal agreement of sale.