MD NEHALUDDIN Vs. MD SAJID

JUDGEMENT

(1.) The plaintiffs-appellants instituted Suit No. 192 of 1976 for specific performance of the registered agreement for sale dated 6th April, 1976 executed by the defendant No. 1 agreeing thereby to sell to the plaintiffs the subject property belonging to defendant No. 1 at and for a total consideration of Rs. 12,000/-, of which a sum of Rs. 2,000/- had already been paid and another sum of Rs, 7,500/- paid at the time of execution of the said agreement. The agreement provided that on 31st May, 1997 the plaintiffs shall pay to the defendant No. 1 the remaining consideration of Rs. 2,500/-; whereupon the defendant No. 1 shall convey the property in question by executing a registered instrument of conveyance.

(2.) On 21st June, 1976 the defendant No.1 sold half of the said property to the defendant No. 2, who happens to be a step brother of defendant No. 1, for a consideration of Rs. 2,000/- only.

(3.) In the suit, the plaintiffs prayed for relief of specific performance against the defendant No. 1 and conveyance by both the defendants.