MOHAMMED INAMUL HAQ Vs. MOHAMMAD IDRIS QURESHI

JUDGEMENT

(1.) BY this appeal the appellant has challenged judgment and order dated 15th July, 1993 passed by Additional District Judge, Akola in Regular Civil Appeal No. 34/1990, whereby the appeal was allowed, setting aside judgment and decree passed in Regular Civil Suit No. 67/1986, decided on 20th October, 1989, in the result the suit by the plaintiff for specific performance of the contract was dismissed refunding earnest money to the plaintiff from original defendant No. 1. This appeal was admitted on following substantial question of law formulated as question No. 9 in the memo of appeal. "could a purchaser seek specific performance of agreement in respect of proportionate share in the property, if the agreement is admitted?

(2.) THIS second appeal was, thus, admitted for hearing by order dated 15. 11. 1995.

(3.) ORIGINAL plaintiffs Mohd. Inabul Haq (appellant herein) had filed Regular Civil Suit No. 67/1986 for specific performance of agreement to sell as "sthawarachi Isar Chitthi" dated 18. 05. 1982. Mohd. Idris Quereshi (first defendant) had agreed to sell to the plaintiff a suit block situated in Khatibpura, Ward No. 24, Plot No. 325 as described in para 1 of the plaint. In consideration of the earnest money in the sum of Rs. 2,000/- it appears further that on 01. 06. 1982 a sum of Rs. 500/- was taken by the first defendant Mohd. Idris Quereshi and in consideration of the promise that he will obtain power of attorney from other co-sharers of the suit property and will execute sale deed in respect of the suit land. Endorsement was made accordingly on 09. 05. 1983 in the "isarchitthi".