WASIM AHMAD Vs. HAJI SHAMSUDDIN

JUDGEMENT

(1.) Heard Sri Ashfaq Ahmad Ansari, learned Counsel for the appellants and Sri K.M. Sahai, learned Counsel who has appeared for respondents through caveat.

(2.) This is plaintiffs' second appeal arising out of O.S. No. 386 of 1986. The suit was filed on 8.7.1986 for specific performance of an unregistered agreement for sale dated 14.7.1975 alleged to have been executed by Smt. Alimun Nisa defendant No. 1 since deceased and survived by legal representatives. She was either divorcee or separated from her husband due to his second marriage. It was further stated that son of Smt. Alimun Nisa was involved in some criminal cases, hence, Smt. Alimun Nisa requested plaintiff No. 2 Mohd. Usman, her real nephew to help her financially, accordingly, plaintiff No. 2 advanced money to her and she executed unregistered agreement for sale of her already separated share in the ancestral house in favour of plaintiff No. 1 Maimunun Nisa w/o plaintiff No. 2 for Rs. 30000/- and she was paid Rs. 15000/- as earnest money as plaintiffs who are husband and wife were not having ready money. It was further pleaded that at the time of agreement Smt. Alimun Nisa also delivered possession of one room of the house in dispute to the plaintiffs. It was further stated that Rs. 7000/- were subsequently paid on different dates till May 1986 to one of the sons of Smt. Alimun Nisa. The property in dispute was subsequently sold on 8.7.1986 (the date on which suit was filed) by Smt. Alimun Nisa to respondent No. 4 since deceased and survived by legal representatives in 1986.

(3.) The suit was decreed on 10.5.2002 by Civil Judge (S.D.), Court No. 2, Varanasi. Against the said judgment and decree Civil Appeal No. 69 of 2002 was filed by the legal representatives of defendant No. 4 subsequent purchaser Haji Shamsuddin which was numbered as Civil Appeal No. 69 of 2002. A.D.J. Court No. 14 Varanasi through judgment and decree dated 25.7.2011 allowed the appeal set aside the judgment and decree passed by the Trial Court and dismissed the suit of the plaintiffs hence this second appeal.