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1961 Supreme(All) 235

A.P.SRIVASTAVA, B.DAYAL
MOHAMMAD YAMIN – Appellant
Versus
ABDUL MAJID – Respondent


Advocates Appeared:
B.R.Avasthi, HAMEEDULLA BEG

SRIVASTAVA, J.


( 1 ) THIS is a Special Appeal on behalf of the defendants and arises out of a suit for specific performance of a contract of resale. One Ali Bux was originally the owner of the house in suit. He sold it to defendants Nos. 1 and 2 now the appellants on the 6th of March, 1938 for a consideration of Rs. 1,000/ -. On the same date the vendees, i. e. , defendants Nos. 1 and 2 executed in his favour an agreement by which they agreed to re convey the property to him if within a period of ten years from the date of the sale he paid back to them the consideration of rs. 1,000/ -. Ali Bux subsequently died leaving a number of heirs including the plaintiffs. The defendant no. 1 was the husband of one of the daughters of Ali Bux. On the death of that daughter he along with defendants Nos. 8 to. 13 too inherited a share in Ali Buxs properties. The plaintiffs who were two of the sons of Ali Bux instituted the suit out of which this appeal has arisen for specific performance of the contract of resale that had been entered into between Ali bux and the defendants Nos. 1 and 2 on the 6th of March, 1938. They offered the sum of Rs. 1,000/- as consideration for the property. The other






























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