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1996 Supreme(SC) 639

G.B.PATTANAIK, S.C.AGRAWAL
Vijendra Kumar Goel – Appellant
Versus
Kusum Bhuwania – Respondent


ORDER

1. Leave granted.

2. This appeal by the defendant is directed against the order of the Patna High Court allowing amendment of the plaint in a suit filed by the respondent. The said suit is based on an agreement dated 25-3-1985 executed by the appellant for sale of land belonging to him for a sum of Rs 3,01,000. A sum of Rs 501 was deposited as earnest money by the respondent. Under the said agreement the parties agreed that the balance amount of consideration would be paid and the sale deed would be executed and registered within a period of three months. On 21-12- 1990, the respondent filed the suit in question wherein he sought the following reliefs :

" (a) That it be declared that the contract dated 25-3-1985 for the sale of Schedule A land to the plaintiff by the defendant is still subsisting and the defendant by the agreement dated 25-3-1985 is bound to execute and register the sale deed in respect of the Schedule A land in favour of the plaintiff. (b) That the defendant be injuncted for transferring the Schedule A land to any other person except the plaintiff, either by sale, gift, mortgage or in any other way. (c) That the cost of the suit be awarded to the plaintiff.




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