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2000 Supreme(Del) 67

VUENDER JAIN, VIJENDER JAIN
LATAFAT HUSSAIN – Appellant
Versus
ABDUL JABBAR – Respondent


Advocates Appeared:
H.C.Sukhija, S.Paul, SHYAM KISHORE SHARMA

Vijender Jain, J.

( 1 ) THIS second appeal has been filed by the appellant, who was the original plaintiff, for obtaining a decree for declaration to the effect that sale effected by defendant No. I, who is respondent No. 1 before me, Abdul Jabbar, in favour of present respondent No. 2, Ishtiaque Ahmed in respect of property No. 5358 including Barsati situated Kucha Rehman, Balli Maran, Delhi vide sale deed dated 4. 4. 1972 was incompetent, invalid, ineffective and inoperative qua the appellant, with the further prayer that respondent No. 1 was liable to specifically perform contract made with the appellant dated 5. 12. 1971. From the pleadings of the parties the Trial Court framed the following issues:-

1. Whether the suit in its present form is not maintainable? OPD 2. Whether the suit is properly valued for purposes of court fee and jurisdiction ? OPP 3. Whether the defendant No. 1.-did not agree to sell the premises to the plaintiff? OPD-1 4. Whether the agreement is inadmissible in evidence? OPD-1 5. Whether the defendant No. 2 is a bona fide purchaser for value without notice of agreement in favour of the plaintiff? If so, effect thereof? OPD-2 6. To what relief, if any, is t















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