MOHAMMAD YASIN Vs. MOHAMMAD YASIN

JUDGEMENT

(1.) Petitioners were the plaintiffs in a suit for specific performance of an agreement for sale.

(2.) Mohd. Bashir and Abdul Ghafoor were the predecessor in interest of respondents Nos. 1 to 13. They were the owners of the open piece of land in dispute. They executed an agreement to sell on 23-1-73 in favour of the petitioners. On the same day by means of another deed they permitted the petitioners to construct the boundary wall around the said land. It was done by the plaintiff. Subsequently Mohd. Bashir and Abdul Ghafoor expressed their unwillingness to execute the sale deed. This led the petitioners to file the suit in the year 1977 for specific performance of the contract for sale.

(3.) The defendants filed their written statements. The execution and genuineness of the agreement to sell was challenged. The properties sought to be transferred were in two different parts belonging to two different persons, so the sale deed could not be executed. The defendants have raised certain construction over the land. The land ceased to be an open piece of land. No consideration had passed.