MD MUZAHID Vs. JOHN WILSON ZEDAK

JUDGEMENT

(1.) Defendant No. 2 is the petitioner. Opposite Party No. 1-plaintiff filed Title Suit No. 206 of 1982 praying therein for decree for specific performance of agreement dt. 09-09-1979 said to have been entered into by and between him and opposite party No. 2 (defendant 1).

(2.) When the agreement was executed, opposite party No. 1 was occupying the property in question as a tenant month to month. According to the petitioner, opposite party No. 2 had entered into an agreement with him on 21-5-1979 to transfer the suit property in his favour. On 8-1-1983 opposite party No. 2 executed and registered a sale deed in favour of the petitioner. The petitioner gave notice to opposite party No. 1 about the transfer in his favour and asked opposite party No. 1 to vacate the suit property. As opposite party No. 1 did not vacate the suit property, the petitioner filed Title Suit No. 13 of 1983 for his eviction.

(3.) In the written statement opposite party No. 1 disclosed about Title Suit No. 206 of 1982 filed by him. The petitioner filed an application for adding him as defendant in Title Suit No. 206 of 1982. That was allowed.