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1998 Supreme(SC) 170

J.JAGANNADHA RAO, S.B.MAJMUDAR
Lakhi Ram (Dead) Through Lrs. – Appellant
Versus
Trikha Ram – Respondent


Judgment

Majmudar, J.-The appellant is the original plaintiff who had filed a suit for specific performance of contract for sale of suit lands. The suit was filed against the original vendor i.e. respondent No. 2 and also against the subsequent purchasers, respondent Nos. 1 and 3 here­in. We will refer to the appellant as the plaintiff and the respond­ents as defendants for the sake of convenience in the latter part of this judgment. The plaintiff has felt aggrieved by the decision of the High Court passed in miscellaneous appeal whereby the High Court has set aside the order of amendment of plaint as granted by the first appellate Court and dismissed the plaintiff’s suit.

2. A few relevant facts leading to these proceedings deserve to be noted at the outset. Plaintiff’s case is that defendant No. 1 was Bhumidar of 2/3 share in 9 plots situated in village Chindori Khas, Meerut District of Uttar Pradesh. According to the plaintiff, defend­ant No. 1 agreed to sell his entire share on 30.6.1969 to the plain­tiff for a consideration of Rs. 12,000/- (Rupees twelve thousand only). Rs. 2,000/- (Rupees two thousand only) was taken by him as earnest money from the plaintiff when he executed t













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