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2011 Supreme(All) 3081

S.U.KHAN
WASIM AHMAD – Appellant
Versus
HAJI SHAMSUDDIN – Respondent


Advocates Appeared:
Ashfaq Ahmad Ansari for the Appellants; K.M. Sahai and K. Sahai for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—Heard Sri Ashfaq Ahmad Ansari, learned counsel for the appellants and Sri K.M. Sahai, learned counsel who has appeared for respondents through caveat.

2. This is plaintiffs’ Second Appeal arising out of O.S. No. 383 of 1986. The suit was filed on 8.7.1986 for specific performance of an unregistered agreement for sale dated 14.7.1975 alleged to have been executed by Smt. Alimun Nisa defendant No. 1 since deceased and survived by legal representatives. She was either divorcee or separated from her husband due to his second marriage. It was further stated that son of Smt. Alimun Nisa was involved in some criminal cases, hence, Smt. Alimun Nisa requested plaintiff No. 2 Mohd. Usman, her real nephew to help her financially, accordingly, plaintiff No. 2 advanced money to her and she executed unregistered agreement for sale of her already separated share in the ancestral house in favour of plaintiff No. 1 Maimunun Nisa w/o plaintiff No. 2 for Rs. 30000/- and she was paid Rs. 15000/- as earnest money as plaintiffs who are husband and wife were not having ready money. It was further pleaded that at the time of agreement Smt. Alimun Nisa also delivered possessio















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