G.B.PATTANAIK, K.RAMASWAMY
Pirthi Alias Sansi – Appellant
Versus
Jati Ram – Respondent
ORDER :- The petitioner, Pirthi alias Sansi admittedly had entered into an agreement on May 6, 1988 to sell 16 kanal 16 marlas of agricultural land or a consideration of Rs. 50,000/- per killa and received a sum of Rs. 24,000/- as earnest money. The respondent filed a suit for specific performance in April 1993 against the petitioner. It was his plea and accepted by all courts that he was always ready and willing to perform his part of the contract and was willing and ready to pay the balance consideration of Rs. 81,000/-. Accepting the case of the respondent, the trial Court decree the suit. On appeal, the Additional District Judge by his judgment dated November 15, 1994 reversed the decree holding that Ramesh and others had come into possession of the land. They were in possession of the land and the agreement came to be executed in their favour on December 5, 1994 after the judgment of the appellate Court. Therefore,the decree for specific performance was not proper and instead the alternative relief of recovery and compensation was held appropriate remedy. In second appeal, the High court reversed the decree by the impugned judgment dated May 15, 1996 in R.S.A. No. 425/95 (repo
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