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1985 Supreme(Bom) 6

M.S.DESHPANDE
Mohd. Hanif s/o. Shaikh Ahmed since deceased though legal representatives Mariam Begum w/o Abdul Rashid & others – Appellant
Versus
Mariam Begum w/o Abdul Rashid & others – Respondent


JUDGMENT - M.S. DESHPANDE, J.:---This is an appeal by the legal representatives of the third defendant Mohd. Hanif from the appellate decree by which in addition to the decree for specific performance of contract of sale as against the defendants Nos. 1 and 2, a decree for possession also came to be passed against all the defendants.

2. The respondent No. 1 Mariam Begum brought the suit for specific performance of contract of sale of a house to her for Rs. 6500/- on food of an agreement dated July 2, 1973. An amount of Rs. 500/- was paid at the time of the agreement and the balance Rs. 6000/- was to be paid within 5 months and thereupon the sale-deed was to be executed by the defendants Nos. 1 and 2 the respondents Nos. 2 and 3 herein. Despite the notice sent on April 22, 1975 the respondents Nos. 2 and 3 did not execute the sale deed and she, therefore, sought specific performance against them, and from original defendant No. 3 Mohd. Hanif she sought possession alleging that the respondents Nos. 2 and 3 had placed him in possession. Mohd. Hanif denied that he was placed in possession by the respondents Nos. 2 and 3 and contended that the suit house along with other property belonge



























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