MOHAMMAD SIDDIQUE KHAN ALIAS DHAMMUMIYA Vs. BALAKDAS BAIRAGI

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India to assail the validity of the interlocutory order dated 6-10-2010 passed by the Trial Judge in a suit for specific performance of the agreement. By the order impugned, learned Trial Judge has rejected the objection of the petitioner as to the admissibility of the agreement of sale dated 1-9-1999 pertaining to the immovable property, which is subject matter of the suit.

(2.) Respondent No. 1 initially filed the suit for specific performance of the contract based upon the agreement dated 1-9-1999 against petitioner. During the pendency of the suit, petitioner executed sale-deed in favour of other respondents, therefore, plaint was amended and other respondents were impleaded as defendants in the suit. Plaintiff also amended the relief clause and sought a declaration that the sale-deed executed by the petitioner in favour of respondent Nos. 2 to 7 does not confer any right, title and interest in the suit property being null and void.

(3.) Petitioner contested the suit by denying execution of the agreement of sale. He further stated in the written statement that the property in question was sold to respondent Nos. 2 to 7 by a registered sale-deed coupled with the delivery of possession. Hence, the plaintiff is not entitled for a decree for specific performance or a declaration that the sale-deed was void.