MANZOOR AHEMAD KHAN Vs. MS. KHURSHIDA KHAN

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 19.4.2007 which had endorsed the finding of the trial judge dated 21.7.2005 whereby the suit filed by the Plaintiff Khursheeda Khan seeking specific performance of a contract dated 11.10.1999 or in the alternate praying for a decree of Rs. 2,40,500/ - had been decreed in her favour; the court had granted a decree of Rs. 2,00,000/ - in her favour along with interest @ 8% per annum.

(2.) PLAINTIFF was married to Defendant No. 1. Defendant No. 1 had a flat in the society of Defendant No. 2. Subsequent to the marriage of the parties the Plaintiff came to know that the Defendant No. 1 was not a man of good character; he was already wedded and having children. Plaintiff asked Defendant No. 1 to transfer the flat which he had with the Defendant No. 2 society in her name and for the said purpose she paid a consideration of Rs. 2,00,000/ - to Defendant No. 1; Rs. 1,00,000/ -was taken as loan from Mohd. Akhtar and remaining amount of Rs. 1,00,000/ - was collected from relatives and friends to pay the sum of Rs. 2,00,000/ - to Defendant No. 1. The said amount was paid on 11.10.1999 on which date the agreement to sell qua the suit property i.e. the flat No. Z -104, first floor of B -Category of Defendant No. 2 Society was executed in favour of the Plaintiff; affidavit and receipt of the same date were also executed. Since the Defendant had not handed over the possession of the flat the present suit was filed.

(3.) DEFENDANT No. 1 denied that there was any agreement with the Plaintiff and himself to transfer the flat in favour of the Plaintiff. His contention was that the agreement to sell dated 11.10.1999 is forged and fabricated.