ABDUL ZALIL Vs. ISMAIL

JUDGEMENT

(1.) The present regular second appeal (Abdul Zalil v. Ismail @ Israil and others) as well as Civil Revision No. 2104 of 1993 (Abdul Ajij v. Ismail @ Israil and others) are proposed to be decided together as both matters pertain to the same suit property and were ordered to be heard together vide order dated 11.1.2005. However, for the facility of reference, facts are being culled out from R.S.A. No. 239 of 1991. Vendee has come in appeal against the judgment of reversal dated 10.8.1990 passed by the learned Additional District Judge, Gurgaon, whereby modifying the decree of learned trial Court, suit of the plaintiff-respondent was decreed in toto for possession by way of specific performance. Civil Revision is directed against the order dated 9.6.1993 passed by the learned executing court dismissing the application of the decree holder, whereby the same decree was being sought to be executed which is under challenge in the appeal.

(2.) Brief facts of the case are that plaintiff Abdul Ajij entered into an agreement to sell dated 28.2.1985 Ex. P1 with Ismail @ Israil-defendant No. 1 through his general power of attorney, Khurshid Ahmad-defendant No. 2. Land measuring 48K-15M, being 1/2 share of 97K-11M was sought to be purchased by the plaintiff for an amount of Rs. 70,000/-. However, defendant No. 1 executed sale-deed dated 1.3.1985 regarding land measuring 35K-12M out of the above-said land measuring 48K-15M in favour of Abdul Zalil-defendant No. 5. Defendant No. 1 also executed another sale deed dated 4.3.1985 in favour of Smt. Fajri and Yamin-respondents. Plaintiff filed the suit for possession by way of specific performance.

(3.) Having been put to notice, defendants appeared and filed their written statements controverting the allegations of the plaintiff. Dismissal of the suit was prayed for.