MOHAMMED SHAFFUDDIN Vs. KHAJA FAKIRUDDIN & OTHERS

JUDGEMENT

(1.) Plaintiff is the appellant against a confirming judgment in a suit for specific performance of contract.

(2.) Case of the plaintiff is that on 9.9.1981 defendant no.1 entered into an agreement with him to sell the suit house at Rs.75,000/- and received an amount of Rs.1001/-. Later he came to know that defendant no.1 sold the suit house to defendant no.4 for a consideration of Rs.24,000/- on 22.10.1981. With this factual scenario, he instituted the suit for decree of specific performance of contract.

(3.) Defendant no.1 filed a written statement contending, inter alia, that there was no agreement to sell between him and the plaintiff. Defendant no.4-firm filed a written statement stating therein that it purchased the suit house from defendant no.1 for a consideration of Rs.24,000/- and thereafter possession was delivered to it on 22.10.1981.