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1997 Supreme(SC) 56

K.RAMASWAMY, S.SAGHIR AHMAD, G.B.PATTANAIK
Sardar Mohar Singh Through Power Of Attorney Holder, Manjit Singh – Appellant
Versus
Mangilal Alias Mangtya – Respondent


ORDER

Delay condoned.

2. This special leave petition arises from the judgment of the learned Single Judge of the Madhya Pradesh High Court, made on October 4, 1996 in Civil Revision No. 394/96. The petitioner had entered into a contract with the respondent for sale of agricultural lands in Khasra No. 52, 61, 73, 74, 79, admeasuring 3-533, 0-166, 1.437, 0.384, 0.202 hectares and also an agreement to sell dated July 7, 1977 in respect of lands situated in Village Khode, for a consideration of Rs. 25,000/-. The respondent failed to perform his part of the contract and, therefore, the petitioner filed a suit bearing Civil Suit No. 9A/78 in the Court of ADJ, Mandleshwar. The trial Court granted a decree for specific performance on November 18, 1987 directing the respondent to refund the earnest money of Rs. 15,000/- and also damages quantified in the sum of Rs. 2,000/-, as agreed in the contract, within a period of three months and in default to execute the sale deed. The respondent filed applications rescind the decree in execution and he sought extension of time for compliance. The executing Court by order dated March 15, 1996 allowed the both the applications of the respondent and dire







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