RAHMAT ALI Vs. RASHID

JUDGEMENT

(1.) The defendants' first appeal instituted under Sec. 96 CPC has arisen against the judgement and decree rendered by the trial court decreeing the suit for specific performance in favour of the respondents-plaintiff and the same has come up for hearing after more than 40 years.

(2.) Heard Sri Mohd. Arif Khan, learned Senior Advocate assisted by Sri Mohiuddin Khan for the appellant and Sri Mohd. Abid Ali assisted by Smt. Atiya Abid for the respondents. Brief description of the Ms and parties

(3.) The subject matter involved in the Regular Suit No. 14 of 1971 filed by the predecessor in interest of respondents no. 1/a to 1/i is a house property which was agreed to be sold through an oral agreement pursuant to which part payment was made under a receipt duly witnessed. Non-performance of the agreement gave rise to the suit.