MUMTAJBI Vs. RAHIMTULLA SHEIKH RASUL

JUDGEMENT

(1.) This Second Appeal is filed by the original defendant in Regular Civil Suit No.1646 /1989 which was dismissed by learned 20th Joint Civil Judge, Junior Division, Nagpur on 10.2.1994. The said suit which was for specific performance of contract was dismissed by the trial Court. The unsuccessful plaintiff had challenged dismissal of suit by filing Regular Civil Appeal No. 202/1994 which was heard and decided by learned 8th Additional District Judge, Nagpur who, by impugned judgment and order allowed the appeal and decreed the suit by setting aside the judgment and order by the trial Court.

(2.) The appeal was admitted on substantial question of law as to whether the first Appellate Court committed an error in holding that the agreement dated 15.8.1986 has been duly proved.

(3.) It is submitted in support of the appeal that the respsondent Rahimatullah had committed murder of the appellant's husband and for that offence he was sentenced to suffer imprisonment for life. Under the circumstances, it was highly impossible on the part of the appellant to enter into an agreement to sell her house to a murderer of her husband. It is also submitted that the appellant being a purdanashin Muslim woman, there was no possibility of talk and privity of contract between her and deceased respondentRahimatullah as no unlettered Muslim lady will come in public to enter into an agreement as alleged, and written in English.