Judgement

GROVER, J.:- These appeals have been brought by special leave from a common judgment of the Allahabad High Court whereby the dismissal of the suit for specific performance filed by the appellant was maintained and the decree for possession by pre-emption in favour of respondent No.1 was confirmed.

2. One Gauhar Ali was the owner of a pucca two storeyed house in the City of Moradabad. On his death he left behind as his heirs his widow Musammat Begum, two sons Liaqat Ali and Ishtiaq Ali and four daughters Sughara Begum. Kubra Begum, Mehmooda Begum and Chhoti Begum. In 1941 the heirs of Gauhar Ali partitioned the property. According to the partition the house in dispute was divided longitudinally east and west. The western portion was allotted to the widow and the sons and the eastern portion came to the share of the four daughters. Respondent No.1 purchased the western portion of the house from the widow and the sons. On August 19, 1952 he also entered into an agreement with the four daughters for the purchase of their part of the house, namely, the eastern portion. The period in which the sale-deed was to be executed was three months but it appears that the sale was not comp