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1946 Supreme(Nagpur) 51

MOHAMAD ABDUL JABBAR – Appellant
Versus
LALMIA – Respondent


JUDGMENT

1. This is an appeal from the judgment and decree passed by Mr. M.D. Deoras, 3rd Subordinate Judge, 1st Class, Nagpur, on 22-12-1939 in Civil Suit No. 9-A of 1937. The suit was brought by plaintiff Mohammad Abdul Sattar (predecessor-in-title of the present appellants, except appellant 3) against Noorumiya (who died during the pendency of this appeal) and his two sons and a daughter who are now the legal representatives of Noorumiya as well as respondents in their own right.

2. The suit was for specific performance of a contract of sale of certain immovable property and its possession. The suit is based on an isar chithi, Ex. P-2, executed on 16-1-1934 in favour of Mohammad Abdul Sattar. By this document the signatories purported to agree to sell some house property to Mohammad Abdul Sattar for a consideration of Rs. 10,000 to be made up as follows: Rs. 100, taken as earnest money on 16-1-1934, Rs. 1056, Khata balance, Rs. 7444, havala for two mortgage deeds dated 17-8-1921 and 28-9-1922 in favour of Abdul Aziz son of Abdul Ramhim and Rs. 1400, to be received before the Sub-Registrar at the time of execution. Rs. 10,000 Total.

3. The signatories further purported to agree to e

















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