HAJI BEGUM TAJUDDIN Vs. MAHMOOD HUSSAIN AND OTHERS

JUDGEMENT

(1.) HEARD Shri Khadar for the revision applicant (Original defendant). Shri Lakhkar for the opponents Nos. 1 to 5 (Original plaintiffs).

(2.) RULE . Rule heard forthwith.

(3.) PROGRESS of this suit Reg. Civil Suit No. 202/1981 needs to be stated. The trial Court fully decreed this claim of Haji Begum for specific performance of agreement of sale. In Civil Appeal No. 236/1983, filed by Jani Begum, and decided on 11 -12 -1987, the said appeal was partly allowed, in that the decree for specific performance as passed in favour of Haji Begum was quashed and only a money decree for refund of the amount of Rs. 13,275/ - had come to be passed in her favour. Therefore, Haji Begum preferred a Second Appeal No. 130/1988 reasserting her claim of entitlement to specific performance of the agreement of sale whereas Jani Begum made a grievance of the money decree for refund of consideration passed against her by way of Second Appeal No. 238/1989. It is, therefore, to be appreciated and considered as to what are the four corners of the facts and circumstances which are required to be established by the present revision -applicant Haji Begum before she can contend that for and during the pendency of the two appeals, arising out of her Civil Suit No. 202/1981, the trial of the Suit No. 401/1988 instituted against her by the present revisional opponents should be and liable to be stayed.