ZUBEDA Vs. NAJMA AFZAL

JUDGEMENT

(1.) THIS appeal has been preferred by the defendants aggrieved by judgment and decree dated 8-12-2004 passed by Second Additional district Judge, Sehore in Civil Suit No. 5-A/2003.

(2.) THE plaintiff respondent filed a suit for specific performance of an agreement to sale dated 10-3-1995. The suit was filed as against Kalimurrahman [since deceased, represented by defendants appellants No. 1 (a) to 1 (g)] and defendant Abdul Qadeer [since deceased, represented by defendants appellants no. (a) to 3 (g)]. An agreement was entered into for a consideration of Rs. 3,70,000/-, plaintiff paid part of consideration of Rs. 40,000/- to Kalimurrahman at the time of agreement through her deceased husband. Kalimurrahman refused to execute the sale-deed and to transfer the suit house in the name of defendant and ultimately sold suit house to original defendant in two parts vide sale deeds dated 18-9-1996 which the plaintiff claimed to be null and void.

(3.) THE defendants No. 1 and 2 in their written statement contended that agreement dated 10-3-1995 had never been executed by Kalimurrahman; same is forged and fabricated document. Abdul Qadeer was a bona fide purchaser for valuable consideration. Abdul Qadeer had already purchased a part of suit house from Kalimurrahman vide registered sale deed (D-2) dated 7-2-1990. It was also contended that plaintiff was in occupation as tenant, earlier an agreement was entered into with late Afzal Ahmad, husband of plaintiff, sum of Rs. 40,000/-was paid in cash and Rs. 70,000/- was paid by cheque. As the cheque was dishonoured, plaintiff's husband had no arrangement of money. The sum of Rs. 40,000/- was also refunded to him. Thereafter, there was no question of executing the agreement dated 10-3-1995. The defendant No. 3 also took similar stand in the written statement.