MOHD ASHHAR Vs. ZEESHAN ZAMA KHAN & ANR

JUDGEMENT

(1.) Ia No. 2023/2016 u/O 39 R 1 & 2 CPC) and 2379/2016 (u/O 39 R 4 CPC)

(2.) The case of the plaintiff in the plaint is that the defendants approached the plaintiff and apprised that they had entered into an agreement to sell and purchase dated 25.04.2011 with respect to 1000 Sq. Yards of the suit property with Sh. Ravinder Singh, Sh. Abdul Aziz and Mohd. Sualeh for a total consideration of Rs. 4.10 crores (hereinafter referred to as "the original owners"). It was further pleaded that defendant No.2 had paid Rs. 50 lakhs to the said original owners at the time of the execution of the said agreement to sell dated 25.04.2011. It was pleaded that the defendant did not have the means to pay the balance sale consideration. Hence, defendant No. 1 offered to sell 250 Sq. Yards out of the proposed purchase of 500 Sq. Yards whereas defendant No. 2 offered to sell his entire share of 500 Sq. Yards to the plaintiff. It was agreed that the sum of Rs. 50 lakhs that was paid by defendant No.2 to the original owners would be returned to the defendants and in addition, the balance sale consideration of Rs. 85 crores would be paid by the plaintiff. Hence, the defendants jointly offered 750 Sq. Yards of the suit property to the plaintiff for a total sale consideration of Rs. 3,07,50,000/-. It is pleaded that pursuant to the said arrangement, defendant No.2 executed a Special Power of Attorney dated 08.05.2012 in favour of the plaintiff to file a suit against the original owners. The plaintiff as attorney of defendants No.2 along with defendant No.1 filed a suit for specific performance of the Contract dated 25.04.2011 being CS(OS) 1873/2013 titled as "Arshad Zamal Siddique & Anr. vs. Ravinder Singh & Ors." (This may be referred to as the "First Suit"). On 27.06.2012 when the said suit came up for hearing, the court was pleased to issue summons and to restrain the defendants therein from creating third party rights in respect of the suit property subject to the plaintiff therein depositing the balance sale consideration of Rs. 85 cores. It is stated that this amount was deposited by the plaintiff from his own account with the Registry of this court.

(3.) It is stated that in the said suit that was filed by the plaintiff as attorney of defendant No.2 being CS (OS) 1873/2012 (First Suit), the defendants therein filed their written statement alleging that 600 sq.yards out of total land of 1,000 sq.yards had already been sold and possession handed over to Shri Taskeen Hussain Siddiqui, Mr. Shahzama Khan, Mr.Muddassir Hayat, and Mohd.Babu Qureshi. The said parties were impleaded by a subsequent application.