MOST ALBIA KHATOON Vs. ZAMIL AZHAR

JUDGEMENT

(1.) THIS first appeal has been filed by the defendants - - appellants against the Judgment and decree dated 22.11.1978 passed by Sri Bhagwan Prasad Singh, the learned 2nd Additional Subordinate Judge, Biharsharif, in Title Suit No. 45 of 1969/19 of 1973 whereby the plaintiffs -respondents' suit for specific performance has been decreed.

(2.) THE plaintiffs -respondents filed the aforesaid suit for specific performance of contract dated 2.6.1966 regarding Schedule I property.

(3.) THE further case is that Md. Shami as power of attorney holder on behalf of Abu Zaffar and Bibi Mahmuda and also Bibi Amna Khatoon entered into contract for sale of the land described in Schedule -1 in favour of the plaintiff and defendant No. 7 to the extent of 11 anas and 5 anas respectively. 5 anas in favour of defendant No. 7, i.e., defendant 3rd party, and the contract or sale was registered on 2.6.1966. Possession was delivered. The consideration amount was fixed at Rs. 12875/ - and out of that Rs. 1500/ - was paid earlier and Rs. 1000/ - was paid on the date of registration of contract for sale. In the contract it was stipulated that the sale deed was to be executed and registered by 31st March, 1967.