AHMAD HUSAIN Vs. GANESH SHANKER GUPTA

JUDGEMENT

(1.) O. P. Srivastava, J. The second appeal filed by the defen dant/appellants has come up before this Court under the following circum stances.

(2.) THE plaintiff/respondent Ganesh Shanker had filed a suit for specific performance of contract for sale against Mohammad Husain (deceased) prede cessor in interest of appellants No. 3 to 6 and Ahmad Husain appellant No. 1 in respect of the property describe in para 1 of the plaint for consideration of Rs. 22,000/- on 26. 6. 1981 after receiving Rs. 500/- as earnest money with the stipu lation that sale deed would be executed within three months in favour of plaintiff respondent. However, inspite of plaintiff respondent being willing and ready to get the sale deed executed after performing part of contract, the defendants failed to execute the sale deed, hence there arose necessary of suit. During pendency of the case Smt. Jaibunnisa wife of Gulam Husain was also impleaded as party in the case.

(3.) THE relevant issues were framed on the basis of pleadings of the party.