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2001 Supreme(MP) 775

S.P.KHARE
MOHD. YAKUB, MOHD. ISHAQ – Appellant
Versus
ABDUL RAUF, ABDUL KAREEM – Respondent


Advocates Appeared:
AJAY OJHA, FAIYAZ KHAN, RAVISH CHANDRA AGARWAL

S. P. KHARE, J.

( 1 ) THIS is a revision by the decree-holder against the order dated 7-8-2000 in execution proceedings in Civil Suit No. 58-a of 1991 of the Court of First Additional District Judge, Burhanpur.

( 2 ) MOHD. Yakub has obtained decree in the civil suit mentioned above against Abdul rauf for specific performance of contract of sale of House No. 316, Ward No. 6, Shah bazar, Burhanpur, district Khandwa. According to plaintiff Mohd. Yakub, defendant Abdul rauf had executed the agreement to sell on 21-12-1990 and agreed to sell the house for rs. 62,501/ -. An earnest money of Rs. 3,501/- was given to the vendor on that date. According to the plaintiff he was put in possession of 15 x 18 feet area on the southern side of the house in pursuance of this agreement. The plaintiff paid an amount of rs. 30,000/- to the defendant on 31-12-1990 and an amount of Rs. 29,000/- after the decree for specific performance of contract was passed. The suit was decreed ex parte on 8-10-1996. The Court executed sale-deed in favour of the decree-holder on 8-3-1998 on behalf of the judgment-debtor. There is a recital in the sale-deed that the title to the house has passed to the plaintiff and h











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