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2002 Supreme(SC) 554

P.VENKATARAMA REDDI, R.P.SETHI
Lalit Kumar Jain – Appellant
Versus
Jaipur Traders Corporation Private LTD. – Respondent


JUDGMENT

P. Venkatarama Reddi, J.-By the impugned judgment, the High Court at Allahabad allowed the first appeal filed by the respondent-plaintiff, decreed the suit and ordered that the plaintiff should be put in physical possession of the suit properties and the indenture (sale deed) dated 22.2.1971 should be deemed to be void and cancelled and therefore be delivered up to the plaintiff-vendor. A decree was also granted for a sum of Rs. 95,000/- being the value of properties wrongfully demolished and sold, after adjustment of Rs. 55,000/- received by the plaintiff towards the sale consideration. The suit was ostensibly filed under Section 31 of the Specific Relief Act for cancellation of indenture dated 22.2.1971 and also for physical possession of the property in dispute and for recovery of Rs. 95,000/- being the value of property wrongfully demolished alter adjusting an amount of Rs. 55,000/-. The Trial Court dismissed the suit. At the same time, it granted a decree in favour of the plaintiff for a sum of Rs.1,45,000/- representing the balance sale consideration.

2. The facts giving rise to the suit and the appeal are these :

The plaintiff-Company executed a sale deed on 22.2.197






































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