ABDUL HANEEF Vs. MOHD. SEHJAD

JUDGEMENT

(1.) INVOKING appellate jurisdiction of this Court under section 96 of the Code of Civil Procedure, the appellant has filed this appeal calling in question the validity, legality, propriety and correctness of the judgment and decree dated 31.1.1992, passed by IV Additional District Judge, Sagar, in CS No. 31 -A/91 decreeing the plaintiffs' suit for specific performance of the contract to the extent of half portion of appellant -defendant No.2 and for refund of Rs.2,750/ -.

(2.) THE facts leading to the filing of this appeal, shortly narrated, are that the respondents -plaintiffs filed a suit for specific performance of the contract against the appellant and his brother Abdul Majid alleging that the defendants in the month of September, 1983 came to Sagar and entered into an agreement with the plaintiff for sale of their house for a consideration of Rs.31,500/ -. They demanded a sum of Rs. 18,500/ - as advance money but the plaintiffs were not having that much money therefore, they offered the defendants to take some amount in the form of earnest money. The defendants insisted for the payment of Rs. 18,500/ -and asked the plaintiffs that if they do not have the money, the same may be paid after fifteen days and on payment of Rs. 18,500/ - the agreement would be executed. At that time defendant No.1, Abdul Majid, the brother of the appellant also told the plaintiffs that after fifteen days if he fails to come to Sagar, his brother, the defendant No.2 -appellant would execute the agreement and that would be binding on him also and he would come at the time of registration of the sale deed.

(3.) THE plaintiff also pleaded that the neighbours of the suit house filed a suit against the defendants and the plaintiffs for permanent injunction. The suit was filed in coalition with the defendants in order to avoid the execution of the sale deed. As the sale deed was not executed, the plaintiffs filed the suit for specific performance of the contract and in the alternative, they claimed refund of earnest money together with interest and for damages of Rs. 7,600/ - suffered by the plaintiff No. 2 in selling his house in hurry at a low price.