MOHAMMAD FAROOQ KHAN Vs. ZAITOON BEGUM

JUDGEMENT

(1.) Both these second appeals have been filed against the same judgment and decree dated 15.9.1976, passed in Civil Appeal No. 219 of 1975 by Additional Civil Judge. Meerut. Therefore, both these appeals are being disposed of by this common judgment.

(2.) The plaintiff-respondent No. 1, Smt. Zaitoon Begum filed the suit for specific performance of contract of sale originally against Mohd. Farooq Khan, the appellant of Appeal No. 2067 of 1976. Arjun Das, the appellant of Second Appeal No. 2158 of 1976 was later on impleaded in the suit being subsequent purchaser.

(3.) In brief, it is alleged by the plaintiff-respondent No. 1 that appellant, Mohd. Farooq Khan agreed to sell his house No. 383, Ghosi Mohalla, Lal Kurti, Meerut to the plaintiff for a sum of Rs. 3,000 and executed a registered agreement on 19.9.1966 and received Rs. 25 as advance and it was agreed that the sale deed shall be executed within six years on payment of Rs. 2,975 being balance amount of sale consideration. That the plaintiff has been ready and willing to perform her part of contract but the appellant, Mohd. Farooq Khan has not executed the sale deed and therefore, the suit was filed. The appellant, Arjun Das was added with the allegations that he is subsequent purchaser of the house with notice of the agreement to sell in favour of the plaintiff.