ISLAM Vs. AAMIN AND OTHERS

JUDGEMENT

(1.) AS per the pleadings, respondent no. 1 Aamin filed a suit for possession by way of specific performance of an agreement to sell dated 21.6.2005 executed by defendant no. 1 Jafru (now respondent no. 2) whereby, he had agreed to sell 4 kanals of land being 80/1157 share as detailed in the plaint in favour of the plaintiff and defendant no. 3 (now appellant) for a total sale consideration of Rs. 2,40,000/ -, out of which Rs. 68,000/ - were paid jointly by the appellant as well as respondent no. 1. The sale deed was to be executed and registered up to 2.6.2006. Respondent no. 1 in his suit further pleaded that defendant Jafru/respondent no. 2 sold the suit property in favour of Smt. Rehmani, defendant no. 2 (now respondent no. 3) the real mother of appellant. It was further pleaded that respondent no. 1 had always been ready and willing to perform his part of the contract and was still ready to purchase the entire suit property as the defendant no. 3 (now appellant) had joined hands with the other defendant to defeat his legal rights. Upon notice, defendant no. 1 (now respondent no. 2) and defendant no. 3 (now appellant) were proceeded against ex parte and the suit was contested by defendant no. 2 (now respondent no. 3.) only.

(2.) IN her written statement, respondent no. 3 alleged that defendant no. 1 (now respondent no. 2) had executed an agreement in her favour on 9.2.2005 prior to the impugned agreement dated 21.6.2005 executed in favour of the appellant as well as respondent no. 1 and thereafter respondent no. 2 executed and registered the sale deed in her favour vide Vasika No. 2007 dated 28.10.2005. Respondent no. 3 also put forth the plea of the bona fide purchaser for valuable consideration.

(3.) WHETHER the plaintiff has concealed true and material facts from the court, if so to what effect? OPD