JAFAR MAIN SADAQ MIAN Vs. QUISER JAHAN BEGUM

JUDGEMENT

(1.) Smt. Farooq Zamani Begum, the owner of the property in dispute entered into an agreement of sale with Smt. Qaisar Jahan Begum, the plaintiff-respondent No.1 for Rs. 1,42,000/-. Part payment was made and the sale deed was required to be executed within one month of the conclusion of the pending litigation in respect of the property in dispute. Instead of executing a sale deed in favour of the plaintiff, Smt. Farooq Zamani Begum executed a sale deed in favour of the petitioner Jafar Mian selling 1/4th share of the house in question. Consequently, a Suit No. 59 of 1988 was filed for the specific performance of the agreement. The said suit was decreed by a judgment dated 14-7-1992. An execution Case No. 9 of 1992 was filed and, in this execution proceeding, a sale deed was executed by the Court on 4-1-1994, which was ultimately registered on 13-5-1997.

(2.) The decree-holder, respondent No. 1 filed a second execution application praying for the possession of the property in question. The petitioner, who is subsequent purchaser, filed an objection under S. 47 of the Code of Civil Procedure, which was rejected by an order dated 18-1-2005 by the executing Court. The petitioner preferred a revision which was also dismissed by a judgment dated 31-5-2002. Consequently, the writ petition.

(3.) Heard Sri M. A. Siddiqui, the learned counsel for the petitioner and Sri M. Islam, the learned counsel appearing for respondent No. 1.