Document Fragment View
Fragment Information
Showing contexts for: amin value in Najm-Un-Nissa vs Ajaib Ali Khan on 14 May, 1900Matching Fragments
3. On the 14th July 1896, Abrar Husain, the owner of the remaining three houses, sold them to his wife, Najm-un-nissa, the present appellant. It so happened that Amirullah did not carry out the terms of his contract with Ajaib Ali, refusing to join in appointing carpenters or masons to ascertain the price of the buildings, and the latter found it necessary to institute a suit for specific performance of the contract, and eventually obtained a decree on the 15th May 1896, whereby, inter alia, it was directed that the parties to the suit should within a month join in nominating four carpenters or masons to ascertain the value of the buildings, and that in default of their so doing, the Court Amin should ascertain the value. The parties did not carry out the first direction, and the Amin subsequently made an inquiry and ascertained the value to be Rs. 111-8-0. This sum Ajaib Ali paid on the 15th August 1896, and thereafter, on the 6th September 1896, he obtained possession under the decree. Neither the contract of the 17th May 1895 nor the decree in the suit for specific performance are upon the record, but the facts, as above stated, are admitted.