ISRAIL Vs. MUSTAK AHMAD & OTHERS

JUDGEMENT

(1.) Plaintiff No.2-Israil has filed this second appeal.

(2.) Suit was filed by proforma respondent No.10 Abdul Gani (plaintiff No.1) and appellant Israil (plaintiff No.2) against respondents No.1 to 9/defendants. Plaintiffs alleged that defendant No.1 being owner of the suit land agreed to sell the same to the plaintiffs for Rs. 3,00,000/- and received Rs. 2,80,000/- as earnest money and executed agreement and receipt dated 25.02.1999 for the same. Sale deed was to be executed up to 25.07.2000. The plaintiffs always remained ready and willing to perform their part of the contract and also attended office of Sub-Registrar on 25.07.2000 to get the sale deed executed in terms of the agreement but defendant No.1 did not turn up and committed breach of the contract. On the contrary, defendant No.1 sold the suit land to defendants No.2 to 9 vide sale deed dated 10.06.1999. Plaintiffs accordingly sought possession of the suit land by specific performance of the agreement and also claimed declaration that the aforesaid sale deed dated 10.06.1999 is null and void and not binding on the plaintiffs. Permanent injunction was also claimed.

(3.) Learned Additional Civil Judge (Senior Division), Mobile Court at Punhana vide judgment and decree dated 26.09.2008 dismissed the plaintiffs' suit. First appeal preferred by plaintiffs has been dismissed by learned Additional District Judge, Fast Track Court, Nuh vide judgment and decree dated 29.10.2010. Feeling aggrieved, plaintiff No.2 only has filed this second appeal.