BRIJ MOHAN Vs. SUGRA BEGUM
LAWS(SC)-1990-7-11
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on July 19,1990

BRIJ MOHAN Appellant
VERSUS
SUGRA BEGUM Respondents


Referred Judgements :-

KOLLIPARA SRIRAMULU DEAD VS. T ASWATHA NARAYANA DEAD [REFERRED TO]
NATHULAL VS. PHOOLCHAND [REFERRED TO]



Cited Judgements :-

CARNATION PROMOTERS PVT LTD VS. SANGEETA SRIVASTAVA [LAWS(DLH)-2006-3-182] [REFERRED TO]
GOMI BAI VS. UMA RASTOGI [LAWS(APH)-2004-12-88] [REFERRED TO]
DINESH RANCHHODDAS KAPADIA VS. MANOJ S KASLIWAL [LAWS(CAL)-2013-6-102] [REFERRED TO]
KUNDAN SINGH VS. PUSTIMARGIYA TRITYA PEETH PRANAYAS [LAWS(RAJ)-2006-12-5] [REFERRED TO]
REKHA W/O GHANSHYAM AND OTHERS VS. KANHAIYALAL S/O AMARSINGH AND ANOTHER [LAWS(MPH)-2018-8-300] [REFERRED TO]
ARUN KUMAR SINGH VS. BACHAU & OTHERS [LAWS(ALL)-2014-3-409] [REFERRED]
JATENDER NATH SHARMA VS. HIGHSEAS HOLDING PVT. LTD. [LAWS(HPH)-2006-11-23] [REFERRED TO]
EDWIN RIBEIRO VS. PANDURANG NARAYAN SUKHTANKAR SON OF NARAYAN SUKHTHANKAR [LAWS(BOM)-2009-8-267] [REFERRED]
RENUBALA DAS (DHAR) AND HER LEGAL HEIRS OF NAGENDRA LAL DAS AND ORS. VS. GOPENDRA CH. CHANDA AND HIS LEGAL HEIRS OF BABY RANI CHANDA AND ORS. [LAWS(GAU)-2016-12-66] [REFERRED TO]
S R BALAKRISHNAN VS. YAKOOB [LAWS(KER)-2001-2-17] [REFERRED]
NARESH BHUTANI VS. VIJAY KUMAR KHURANA [LAWS(DLH)-2007-5-3] [REFERRED TO]
KAUSHIK BOSE VS. KAMAL KUMAR GHOSH [LAWS(CAL)-2005-4-83] [REFERRED TO]
UNION OF INDIA VS. GITA RANI BARMAN ROY [LAWS(TRIP)-2020-2-15] [REFERRED TO]
RAJIV MAHESHKUMAR MEHTA VS. MAHENDRASINH MADARSANG VAGHELA [LAWS(GJH)-2012-5-206] [REFERRED TO]
TATA TELESERVICES LIMITED AND ORS. VS. GTL INFRASTRUCTURE LIMITED AND ORS. [LAWS(DLH)-2016-2-146] [REFERRED TO]
P PRABHAKARA RAO VS. P KRISHNA [LAWS(APH)-2006-12-103] [REFERRED TO]
ROHIT A. KAPADIA VS. PERVIZ J. MODI [LAWS(BOM)-2015-6-1] [REFERRED TO]
SOM NATH VS. MOHD. ILLIAS [LAWS(P&H)-2010-5-234] [REFERRED TO]
AMBALAL SARABHAI ENTERPRISE LIMITED VS. KS INFRASPACE LLP LIMITED [LAWS(SC)-2020-1-3] [REFERRED TO]
ADITYARAM PROPERTIES PVT LTD , CHENNAI VS. SANTHANAM AND OTHERS [LAWS(MAD)-2015-6-581] [REFERRED]
HARISON TRADERS LTD. VS. RAJ BHALLA [LAWS(DLH)-2006-7-197] [REFERRED TO]
SURESH CHUKKAPALLI VS. S ALI ABBAS HUSSAIN AND OTHERS [LAWS(APH)-2018-8-24] [REFERRED TO]
VINOD KUMAR SHARMA VS. VIRENDER KUMAR SHARMA [LAWS(DLH)-2014-2-102] [REFERRED TO]
VIBHOR KUMAR GUPTA VS. ANUPAMA KAPOOR [LAWS(DLH)-2022-4-35] [REFERRED TO]
ABHA GARG VS. UMESH NAGORI [LAWS(MPH)-2016-1-70] [REFERRED]
H. R. SUBRAMANYA SHASTRY VS. K. MOHAN KUMAR [LAWS(KAR)-2021-1-84] [REFERRED TO]
RUNU PRADHAN VS. STATE OF ORISSA [LAWS(ORI)-2019-9-9] [REFERRED TO]
PRAVIN D. THAKKER HUF VS. RITA J. SHAH [LAWS(BOM)-2020-2-152] [REFERRED TO]
T V KAMESWARI VS. V R SUDHAKARA RAO [LAWS(APH)-2002-7-119] [REFERRED TO]
SANJAY PURI VS. RADHEY LAL [LAWS(DLH)-2010-12-266] [REFERRED TO]
HENRY THEOPHILUS VS. DANIEL JOSEPH THEOPHILUS [LAWS(KER)-2016-12-198] [REFERRED TO]
SMT. SHEELA GEHLOT VS. SMT. SONU KOCHAR AND ORS. [LAWS(DLH)-2006-11-270] [REFERRED TO]
RAGESHREE MOHANTY VS. SUBHRAKANTA DAS MOHAPATRA [LAWS(ORI)-2017-12-5] [REFERRED TO]
BHASY VS. THOMAN [LAWS(KER)-2022-4-83] [REFERRED TO]
ANANT RAJ INDUSTRIES LTD VS. SANJAY KAUSHISH [LAWS(DLH)-2009-5-191] [REFERRED TO]
ARUN BATRA VS. BIMAL DEVI THRU [LAWS(DLH)-2010-7-422] [REFERRED TO]
SURYA GRANITES VS. G VENKATESWARLU [LAWS(APH)-2013-6-70] [REFERRED TO]
T JAYARAM NAIDU VS. YASODHA [LAWS(MAD)-2007-12-174] [REFERRED TO]
ASHOK RAI VS. SONA DEVI [LAWS(DLH)-1995-8-116] [REFERRED TO]
SUNAMANI NATH VS. SUKUMARI DEB [LAWS(GAU)-2008-7-5] [REFERRED TO]
DEVENDERJEET SINGH SETHI VS. OM PRAKASH ARORA [LAWS(DLH)-2019-7-153] [REFERRED TO]
UMMER VS. KUNHAVA [LAWS(KER)-2007-9-49] [REFERRED TO]
GULSHAN KUMAR VS. SAT NARAIN TULSIAN [LAWS(DLH)-2013-12-31] [REFERRED TO]
ASHWANI KUMAR VS. ADITYA MANNOHAR BHIDE [LAWS(DLH)-2021-10-15] [REFERRED TO]
LEGAL HEIRS OF NAGENDRA LAL DAS VS. LEGAL HEIRS OF BABY RANI CHANDA [LAWS(GAU)-2016-12-35] [REFERRED TO]


JUDGEMENT

- (1.)The plaintiffs by special leave have filed these appeals against the judgment of Andhra Pradesh High court, Hyderabad, dated 24/09/1987.
(2.)The four plaintiffs who are brothers filed the present suit on 17/07/1979 for specific performance of oral contract for sale of a building known as "roshan Manzil" located in an area of 4165 sq. yards in Saifabad, Hyderabad. M/s Gopi Hotel was the tenant in the premises. According to the case as set up in the plaint plaintiff 1 Brij Mohan learnt some time in the first week of April 1979 that defendant 1 Smt. Mahboobunnisa Begum (since deceased) was contemplating the sale of the property in question and that Shri Arif Ali, her advocate and income taxpractitioner was assisting her in finding a purchaser. Shri Arif Ali had mentioned the above intention of defendant 1 to Shri Ibrahim Moosa of M/s J. Moosa and Company who was known to plaintiff 1. On learning from Shri lbrahim Moosa plaintiffs 1 and 2, namely, Brij Mohan and Jagmohan along with Shri lbrahim met Shri Arif Ali. Shri Arif Ali gave the details of the property and also showed the plans of the property to them. Shri Arif Ali stated that the defendant was expecting the price of Rs. 10,00,000. 00. Plaintiffs 1 and 2 offered Rs. 7,00,000. 00. Shri Arif stated that he will ascertain from the defendant her reaction to the said offer. A fortnight later i. e. in the third week of April 1979 plaintiffs 1 and 2 along with Shri lbrahim Moosa and Shri Arif Ali went to the residence of the defendant, who was insisting on the payment of Rs. 10,00,000. 00 as the sale price. At the said meeting the husband of the defendant was also present. Plaintiffs 1 and 2 increased their price from Rs. 7,00,000. 00 to Rs. 8,00,000. 00. Defendant 1 said that she would think over and inform plaintiffs 1 and 2 through Shri Arif Ali. On 3/05/1979 plaintiffs 1 and 2 along with Shri Ibrahim Moosa met Shri Arif Ali. Arif Ali stated that the defendant was agreeable to sell the property to plaintiffs only for Rs. 10,00,000. 00 and not a pie less. Thereupon the plaintiffs agreed to pay Rs. 10,00,000. 00 as the sale price. Shri Arif Ali after getting the confirmation of acceptance of the said offer of plaintiffs 1 and 2 from defendant 1 said that plaintiffs 1 and 2 should meet the defendants on 6/05/1979 and that she would in the meanwhile purchase the stamp papers for making the formal agreement for sale incorporating the oral agreement arrived at.
(3.)It was further alleged in the plaint that on 6/05/1979 plaintiffs 1 and 2 along with Shri Ibrahim Moosa met defendent 1 and her husband in the presence of the said Shri Arif Ali. In the said meeting the amount of earnest money to be paid, time for registration of the sale deed etc. were decided. The said Shri Arif Ali prepared in his own handwriting a draft of the receipt incorporating the terms of the orally concluded agreement for sale. The draft was scrutinised by the husband of defendant 1 who suggested some alterations. The said Shri Arif Ali thereupon prepared final draft of the receipt in his own hand. He handed over the first and the final draft to plaintiff 1 to get the latter typed andduly stamped. He also delivered the stamp papers to plaintiff 1 for being used for typing of the formal agreement of sale.
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