RAKESH KUMAR Vs. ASHOK KUMAR SHARMA

JUDGEMENT

(1.) This first appeal has been filed by the defendants-appellants against the Judgment and decree dated 20.7.1989 passed by Sri Asarfi Sah, the learned 9th Subordinate Judge, Chapra, in Title Suit No. 177 of 1985 whereby the learned Subordinate Judge decreed the plaintiffs- respondents' suit for specific performance of contract dated 8.11.1979 (Ext.1).

(2.) The plaintiff-respondent, Ashok Sharma filed the aforesaid suit for specific performance of the contract as contained in Ext.1 dated 8.11.1979 alleging that he was known to the husband of defendant No. 1, late Zamir Hassan. Earlier plaintiff had purchased lands from Zamir Hassan. Defendants No. 2 to 8 are the sons and daughters of Zamir Hassan. Late Zamir Hassan had agreed to sell 2 katha of land including 2 rooms and a veramda to the plaintiff on 8.11.1979 for Rs. 16,000/-. Out of total consideration of Rs. 16,000/- Rs. 3000/- was paid and the agreement was executed with condition that the remaining consideration of Rs. 13,000/- shall be paid within three years and then Zamir Hassan shall execute the sale deed. The defendant second parties were present at the time of negotiation about sale of the disputed land as they were tenant on the disputed land.

(3.) The further case is that recently the defendant second party asserted that they had purchased the disputed land. Therefore, they have been made party in the suit.