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Suit No. 155 of 1978, decided on 31st May, 1980.
‑‑ S. 11‑Minor's contract‑No express plea raised in plaint as to agreements executed by father having been executed as guardians on behalf of minor sons‑Agreements thus executed whether void. (Quaere).
I L R 1930 Cal. 539 : I L R 19 Lab. 313 ; Abdur Rehman v. Abdul Haq and others P L.D 1965 Kar. 625 ; N. Sankaranarayana Pillayan and others v. The Board of Commissioner, for the Hindu Religious Endowments Madras and another P L D 1947 P C 304 ; Mst. Amnat v. Mahoob Hussain P L D 1959 Kar. 362 and Mohammad Mursaleen v. Syed Noor Mohammad Hussaini P L D 1968 Kar. 163 ref.
‑‑ O.II, r. 2 & Ss. 11 & 12‑Contention that suits on same subject having been previously filed fresh suits barred, held, not without force.
Hoosain Bux and others v. Dur Muhammad and others P L D 1963 Kar. 969 and Abdul Latif Sahib and another v. Bathula Bibi Ammal A I R 1914 Mad. 360 ref.
‑‑ S. 27(6)‑Defendants being bona fide purchasers, held, protected under S. 27(6).
‑‑ O. XXXIX, r. 4‑Injunction‑Vacation of‑Defendant (Building Company) having allotted flats in question to other defendant and received payment before plaintiff filed his earlier suit in another Court‑Status quo order it allowed to continue likely to render flats lying vacant for a number of years‑Held : Just and proper in circumstances to vacate injunction with condition that defendant (building company) may hand over possession to allottee‑defendant subject to undertaking not to let out or part with possession of flats or create any charge or pen1036Eance without permission of High Court. [ Injunction].
Mr. Rehmani for Plaintiff.
Liaquat Merchant for Defendant No. 2.
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