SYED BURHAN Vs. MOHAMMAD JAHAGIR

JUDGEMENT

(1.) The unsuccessful plaintiffs preferred this appeal against the decree and judgment in O.S.No.80 of 1989 of the learned Subordinate Judge, Mahboobnagar dismissing the suit filed for recovery of possession of house bearing Door No.3-3-83 situated at Mahabubnagar.

(2.) The case of the plaintiffs, in brief, is that the 1st plaintiff Syed Burhan, since died, was the absolute owner of the plaint schedule house bearing Door No.3-3-83, Madina, Masjid Road, Mahbubnagar. He executed an agreement of sale dated 28-6-1977 in favour of defendant. One of the stipulations is that the first plaintiff had to evict the tenant who was in occupation of the house and deliver vacant possession before registration. Accordingly, he got him evicted and delivered possession to the defendant on 8-9-1977. The date of registration was fixed to 9-9-1987. Since the defendant did not come, he cancelled the agreement, and called upon the defendant to vacate the premises. When he did not comply with his request, he filed suit O.S. No.43 of 1978 for possession and on its dismissal, he preferred A.S. No.565 of 1980. During pendency of the appeal, the defendant filed suit for specific performance in O.S. No. 105 of 1982. In the mean time A.S. No.565 of 1980 was disposed off by the High Court directing the trial Court to examine the matter in O.S. No. 105 of 1982 afresh without influenced by the observations. After trial, O.S. No. 105 of 1982 was dismissed on 30-11-1988. In spite of the dismissal, he did not handover possession. Therefore, the plaintiff filed the present suit for possession of the plaint schedule house and for damages.

(3.) During pendency of the suit, plaintiff died and his Legal Representatives-plaintiffs 2 to 8 were added as parties.