Writ petition contesting a trial Court order allowing amendment of plaint during execution of a decades-old specific performance decree to correct description of suit property including a third room. Judge found decree already covered the third room and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2024:BHC-NAG:11214
1 71-wp-5021-24(j).odt
uIN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
Writ Petition (WP) No. 5021 of 2024
Nazma Begum Wd/o Babbukhan and others Versus
Akhtari S/o Mohd. Ummar and others
Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order
Shri N.A.Lalwani, Advocate for the petitioners. Shri S.D.Khati, Advocate for the respondent nos. 1 and 2.
CORAM : N.R.BORKAR, J. DATED : 3rd OCTOBER, 2024.
The respondent Nos. 1 to 3 herein had filed a suit for specific performance of contract against petitioners’ predecessor – Babukhan S/o Yusuf Khan and the petitioners’ predecessor had filed a suit against the respondent Nos. 1 to 3 for eviction. The trial Court had decided both the suits together. The trial Court decreed the suit filed by respondent Nos. 1 to 3 and dismissed the suit filed by petitioners’ predecessor. The operative part of the decree reads thus:
“1. R.C.S. No. 1863/83 filed by Baffarkhan and others to the extent of recovery of possession is dismissed with costs.
SKNair
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6. Plaintiff’s in R.C.S. No.182/86 are entitled for possession of third room which is in possession of tenant after a sale deed is executed. Plaintiff’s in R.C.S. No. 182/86 have to take appropriate steps for recovery of possession.
SKNair
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“3. The said rooms had gone delapidated. Hence the City of Nagpur Corporation Nagpur had issued notices to the plaintiff no.1, the said two tenants and also to the on or about 21-7-1982 asking them to effect repairs to their respective portions to avoid collapsing the same any moment. Guljarmiya showed his inability to spend anything for the said repairs for want of money so also the defendant No.1 the Landlord also showed his inability to spend for the said repaired. Mohd.Sabir the defendant no.2 the only male member of the family of the deceased Mohd. Umar, comprising of himself and the plaintiff nos. 1 to 4 showed his willingness to purchase the
SKNair
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said two rooms which was the eastern half of the house No. 317 of Khadan, C.No. 16/22, Nagpur, including that of which was them occupied by Guljarmiya who had left the said room as it was not worth for residence. The defendant no.1 also showed his willingness to sell the same. Mohd. Sabir the plaintiff No.1’s son and brother of plaintiff nos. 1 to 4 entered into an Agreement with the defendant no.1 to purchase and the defendant no.1 agreed to sell the eastern half portion to them through Mohd. Sabir for a consideration of Rs.17,000/-. The said Agreement took place in writing on 5-8-’82. The defendant no.1 received Rs.1,000/- by way of earnest amount from the defendant No.2 on that date. He had agreed to receive further Rs.2,000/- by 5-10-’82 and the Sale-Deed was to be taken within 6 months at the costs of the purchasers, after due legal formalities were completed by the vendor defendant No.1.
Including land structure full share within the aforesaid boundaries.”
SKNair
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SKNair
1 issue framed by the court
Whether the trial Court erred in allowing amendment of the plaint to include a third room occupied by Hamjamiya, which petitioners claimed was never subject matter of the suit.
1 provisions across 1 enactments
Nazma Begum Wd/o Babbukhan and others
Akhtari S/o Mohd. Ummar and others
N.R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
