SALEEMA BANO Vs. BAKSHI ANWAR AFTAB

JUDGEMENT

(1.) THREE revision petitions have been preferred by different petitioners against Order dated 17.05.2008 passed by the learned Principal District Judge, Srinagar for setting aside the same. The facts in all three petitions are same and are being disposed of by a common judgment.

(2.) FOUR suits entitled as (a) Habla Banoo v. Bakshi Anwar Aftab and Ors.; (b) Saleema banoo v. Bakshi Anwar Aftab and Ors. (c) Nusrat banoo v. Bakshi Anwar Aftab and Ors. and (d) Neelofar Jan v. Bakshi Anwar and Ors. came to be filed before the Court of learned Principal District Judge, Srinagar for specific performance with consequential relief of possession in respect of building known as 'Hotel Pamposh' with land underneath and appurtenant thereto measuring 13 kanals and 19 marlas and 120 sft. situated at Kothibagh, Srinagar. The genesis of four suits is that a deal was struck by the plaintiffs/petitioners with respondents 1 to 3 for the sale of Hotel Pamposh for a total consideration of Rs. 62 lakhs to be sold to the petitioners/plaintiffs in equal shares. Besides receiving an amount of Rs. 11,000/ - in cash towards the total consideration of Rs. 62 lacs, respondents also received an amount of Rs. 5.00 lacs (1.25 lacs each) from the plaintiffs and fixed Rs. 15.50 lacs as consideration for 174th share of the Hotel Building which was duly accepted by the respondents 1 to 3. The aforesaid amount of Rs. 5.00 lac was drawn on payees account of defendants/respondents 1 to 3 who opened an account in the Bombay Mercantile Cooperative Bank Ltd., Nallamar Road, Srinagar and undertook to execute a sale deed in favour of the plaintiffs/petitioners for 174th share of the Hotel Pamposh. It is failure on the part of the defendants/respondents to execute the documents which has necessitated the plaintiffs/petitioners for filing the suits.

(3.) LEARNED Principal District Judge, Srinagar vide order dated 05.12.2007 consolidated all the four suits. All the suits came up with the case entitled Habla Banoo v. Bakshi Anwar Aftab and Ors. thereafter titled as Kh. Saif -ud -Din and Ors. v. Bakshi Anwar Aftab and Ors. The, said suits were tried on the same date before the trial court. The order of consolidation became subject matter of challenge before the High Court by filing revision petitions which came to be dismissed and the order dated 05.11.2007 has thus attained finality. 4. After the passing of order dated 05.11.2007, the applications came to be filed by the petitioners in three allied suits wherein it was contended that the statement of one of the plaintiffs, namely, Kh. Saif -ud -Din who has appeared as own witness be kept on the three files so as to spare him from appearing in the court again for purposes of giving his statement in other three cases. It is also contended in the applications that Kh. Saif -ud -Din has been appointed as attorney by the petitioners/plaintiffs as such it is he who has to appear before the trial court on their behalf to pursue the cases and also to make statement as an attorney of the petitioners/plaintiffs.