suit for specific performance of agreement
to sell, till the execution of a conveyance deed in pursuance
to the decree, if any, in favour ... legal defence available to
the petitioner in the suit for ejectment. If that be so, there is
no common question involved in the previously instituted
heirs i.e. Mohd. Siddiq and Smt. Inayati Begum continued despite execution of sale deed dated 16.6.1947 and 15.10.1947.
4. The petitioners' predecessors ... been paid after 15.10.1948 and therefore, the defendant-petitioners are liable for ejectment.
6. The suit was contested by petitioners, stating that plaintiffs
Thus the status of the appellant/defendant even if the
execution of Agreement to Sell were to be believed, remained as
that of a tenant ... enters into an agreement for purchase thereof, cannot avoid
his/her ejectment therefrom as a tenant and only has a remedy of
specific performance
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