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2007 Supreme(All) 2853

S.U.KHAN
ABDUL SALAM QURESHI @ ISLAM (SINCE DECEASED) – Appellant
Versus
VIIIth ADDITIONAL DISTRICT AND SESSIONS JUDGE, MEERUT – Respondent


Advocates:
Counsel :
M.A. Zaidi and Pramod Kumar Jain for the Petitioner; A.K. Sand, S.C. for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—Question of interpretation of a deed termed as Thekanama dated 17.10.1970 executed in between petitioner and owner-respondent No. 3 Jagdish Prasad Gupta is involved in this writ petition.

2. Jagdish Prasad Gupta since deceased and survived by legal representatives was/is owner of a double storied house. Since before 17.10.1970 petitioner was tenant of the first floor accommodation and the ground floor accommodation was in occupation of two other tenants Pooran and Yasin. On 17.10.1970 two deeds were executed in between the parties (Jagdish Prasad Gupta and Abdul Salam Qureshi). One was for agreement for sale of the entire double storied building executed by Jagdish Prasad Gupta in favour of Abdul Salam Qureshi; the other was a deed termed as Thekanama. According to the agreement for sale, Jagdish Prasad Gutpa had agreed to sell the entire property to Abdul Salam Qureshi for a consideration of Rs. 31,000/- and half of the agreed sale consideration i.e. Rs. 15,500/- had been paid as earnest money by Abdul Salam Qureshi to Jagdish Prasad Gupta and sale deed was to be executed within a year after payment of balance sale consideration. It was also provided i































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