TAHIR Vs. MOHAMMAD SHAKIR

JUDGEMENT

(1.) By this application the plaintiffs seek to restrain defendants 6 and 7 from executing any sale deed with regard to the respective shares in the property bearing No. 2217, Naya Mohalla, Gali Qasam Jan, Balli Maran, Delhi and also seek direction to defendant No. 1 to maintain status quo in respect of the suit property till the final disposal of the suit.

(2.) It is averred in the plaint that the property originally belonged to one Shri Mohd. Ibrahim, who died, leaving Mst. Hazara Bi, Abdul Ghani and Mst. Marium Bi. That Mst. Hazra Bi, one of the heirs of deceased Mohd. lbrahim filed a Suit No. 187/79 for partition of the property by metes and bounds. In that suit it was offerred to the parties to the suit that they must offer bids in the Court itself and the said auction was confined only to the parties to the suit and the predecessor in interest of the plaintiffs and defendants No. 1 to 5, namely Abdul Ghani, made the highest bid of Rs. 4 lakhs. In the said suit it was held that in the auction of the suit property defendant No. 2 has been declared the highest bidder who agreed to purchase the suit property for a sum of Rs. 4 lakhs. On behalf of defendant No. 1 and plaintiffs, consent has been given to the purchase of the suit property for the above-stated consideration. It has been agreed between the parties that the sale deed of property in suit shall be executed in favour of defendant No. 2, or his nominee, on receipt of the proportionate share by defendant No. 1 and the plaintiff regarding their right to set off. In that suit the Court recorded the statement of Mohd. Tahir, General Attorney of defendant No. 2, Abdul Ghani, which reads as follows: "I undertake to pay on behalf of defendant No. 2 to the plaintiff Rs. 2 lakhs, which is the value of their share in the suit property andRs.66666.00 to defendant No. 1, which is the value of the share of defendant No. 1 in the suit property. Plaintiffs shall be paid Rs. 1 lakh by way of demand draft within 2 months from today and the balance of Rs. 1 lakh shall be paid when the plaintiffs hand over vacant possession of the share of the property in their possession and execute the sale deed. Defendant No. 1 shall be paid Rs. 60,000.00 by way of demand draft within two months from today and the balance amount of Rs. 66666/ - shall be paid at the time of execution of the sale deed by him. Plaintiffs have been given one year time from today to retain possession of the suit property in their possession. In case they agree to hand over the possession earlier, the payment of the balance amount shall be given to them at the time of the execution of the sale deed before the Sub Registrar. Plaintiffs as well as defendant No. 2 have agreed that they will not claim any arrears of rent from any one of the occupants of the property. I have agreed to leave defendant No. 1 and the plaintiffs from any liability of the house-tax in respect of the suit property. The expenses of the execution of the sale deed will be borne by the defendant No. 2 Abdul Ghani."

(3.) Azizul Rehman, defendant No. 7, in the said suit also made a statement stating that the statement of Mohd. Tahir is correct and as per compromise voluntarily arrived at with the plaintiff and defendant No. 1.That the predecessor in interest of defendant No. 6 in this suit i.e., his father late Fakir Mohd. made the following statement: