MOHD. AHMAD Vs. KARAMAT HUSSAIN AND OTHERS

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 18.11.2002 passed by Additional District Judge, Court No. 8, Allahabad in Civil Appeal No. 124/1994 (Mohd. Ahmad v. Karamat Hussain & others).

(2.) Original Suit No. 993/1985 (Mohd. Aslam v. Karamat Hussain & others) was filed by sole plaintiff Mohd. Ahmad with averment that he is owner in possession of disputed property of plot no. 234/1 of village Maheva Patti, Uparhar. Defendants have no right, title or interest in this property. They are expressing that plaintiff had done any agreement to sell in the year 1980 in favour of defendant no.-1 for sale of this property and they are trying to interfere in possession of plaintiff over it, therefore the plaintiff had filed suit against defendants from restraining them from interfering in possession of plaintiff's property.

(3.) In their written-statement filed in O.S. no. 993/1985, defendants pleaded that plaintiff had executed a registered agreement to sell dated 3.10.1980 for sale of his property and received Rs. 20,000/- as advance consideration, but when he has not executed sale-deed in terms of said contract for sale then defendants had given him notice for specific performance of contract. Plaintiffs had been ready and willing to perform their part of contract dated 3,.10.1980, but defendant had not executed sale-deed and filed suit on incorrect facts. Then plaintiff's suit is liable to be dismissed.