MOHD ASLAM Vs. ABDUL WAHID

JUDGEMENT

(1.) The appellants (Ahmed Mian and his successors-in-interest) before this Court are the defendants in the suit proceedings. They are aggrieved by two orders i.e. order dated 03.03.2011 and order 18.05.2012. Vide order dated 18.05.2012, the review petition filed by the appellants seeking a review of the order dated 03.03.2011 had been dismissed. The Court had returned a finding that there was no error apparent on the face of the record calling for the review of order dated 03.03.2011. Vide order dated 03.03.2011, the learned Single Judge had negatived the argument of learned counsel for the appellants predicated on Explanations III & IV of Section 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'Code'). The learned Single Judge was of the view that neither of the aforenoted Explanations apply to the facts of the case and the plea that the present suit was barred by the principle of res-judicata had been declined.

(2.) The subject matter of the suit is property bearing No. 878, Haveli Azam Khan, Chitli Qabar, Delhi measuring 120 square yards. It was owned by Mohd. Mian. After his death the property fell to the share of his two sons namely Mehmood Mian and Ahmed Mian. Mehmood Mian was in occupation of the first floor of the premises. Ahmed Mian and his family were living on the ground floor.

(3.) The respondents before this Court are Abdul Wahid and his successors-in-interest. The case of the respondents is that they were inducted into the first floor of the suit property by Mehmood Mian as tenants. On 08.08.1987, the parties had entered into an agreement to sell vide which the respondents had agreed to purchase the first floor of the property owned by Mehmood Mian for a consideration of Rs.48,000/-; a sum of Rs.10,000/- was given in cash as earnest money by the respondents to Mehmood Mian in terms of the agreement to sell dated 08.08.1987