MULLA BADRUDDIN Vs. MASTER TUFAIL AHMED

JUDGEMENT

(1.) THIS first appeal arises out of a suit for specific performance of the contract of sale, instituted by the plaintiff-respondent in the Court of the Third Additional district Judge, Bhopal. The suit was decreed and, therefore, the defendant has come up in this appeal.

(2.) THE defendant contracted with the plaintiff to sell his house, situated in mohalla nasarganj, Bhopal, the details whereof are fully given in. the plaint, for Rs. 23,000/- on 30-10-1953. Admittedly, out of (his amount, Rs. 15,5007- have been received by the defendant. Ex. P-l which records this transaction has been very informally and meagrely written. After mentioning the agreed price of sale and the portion paid, it only says that the plaintiff would call the defendant from his place of residence, Sironj, after Diwali, that is to say, after 6-11-1953, and after payment of the remaining amount, the defendant would execute the registered sale deed in favour of the plaintiff who is called 'master Sahib'.

(3.) THE plaintiff's case is that the defendant had promised to get the house in question redeemed from the mortgage of one Mulla Usuf Ali with whom it was mortgaged for Rs. 6,000/ -. He did not do so, and there was litigation between the parties. The plaintiff brought the instant suit for specific performance after sending the notice (Ex. P-2) on '21-5-1956, calling upon the defendant to execute the conveyance of the property in his favour. The suit was filed on 28-10-1956.