SYED ZAMIN AII RAZVI Vs. SALEEMUNNISA BEGUM

JUDGEMENT

(1.) In this appeal the only question that arose for consideration before the V Additional Judge, City Civil Court Hyderabad, in E P No.36 of 1978 In E A No 143 of 1979 was whether the appellant herein who is a -third party to the suit as well as to the Execution Proceedings was entitled to be brought on record under Ordar 22 Rules, 2, 10,12 read with section 151 C P C.

(2.) One Smt. Habeebunnisa Begum filed against ADOOl Bin Sultan and other the suit 0 3 N 3 383 of 1969 in the Court of V Additional Judge, City Civil Court, Hyderabad for specific performance of the agreement for sale and possession of the suit property. The suit terminated in favour of the said Said Habeebunnisa Bagju by the Judgment and decree of this court on 14-6-1978 in L P A No 211 of 1976. By virtue of the said judgment of this Court Smt Habeebunnisa Bagum was directed' to dapoJit a sum of Rs 9,500/-being the balance due under the suit sale agreement and it was further directed that Abool Bin Sultan should execute a sale deed in her favour failing which the court would do the same. Subsequent to the disposal of the said L P A by this Court the said Habeebunnisa Begurn initiated Execution Proceedings in E P No 36 of 1978. During the pendency of the Exscution Petition the decree holder Habeebunnlsa Bagum died on 4-4-1979 leaving bahind her four sons and five daughters who have been impleaded as decree-holders in the execution proceedings.

(3.) It would appear that the said Habeebunnisa Begum entered into two agreements one dated 22-4-1967 and another dated 22-9-1973 in favour of the appellant herein agreeing to sell the property which was the subject matter of the suit 0 S No 388 of 1969.