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1975 Supreme(Bom) 164

LALIT
Dilipsingh – Appellant
Versus
Dhaniram Narayandas – Respondent


Advocates:
P.G. Palshikar, for Appellant; V.R. Manohar, for Respondents Nos. 1 to 5.

JUDGMENT:- This second appeal arises out of regular Civil Suit No. 854 of 1961 filed by respondents Nos. 1 to 5. Respondent No. 5 is the mother of respondents Nos. 1 to 4 and respondent No. 6 is the father of respondents Nos. 1 to 4. Respondent No. 6 was original defendant No. 3. The present appellant was defendant No. 2 in the trial Court and respondent No. 7 in this appeal is original defendant No. 1. The dispute relates to plot No. 151/1 situate at mouza Nari, Nagaur. On 1-3-1937 one Sitaram Ragho Chawan acting for himself and as a guardian of his minor son Eknath made an agreement of sale in favour of original defendant No. 3 Naravandas in respect of 8 acres from field No. 151. Under that agreement an earnest amount of Rs. 200/- was paid by defendant No. 3 to Sitaram. The agreement was that the property should be sold for an amount of Rs. 2.500/to defendant No. 3. On 19-4-1937 Sitaram acting for himself and his minor son made a sale deed in favour of Antu, the father of defendant No. 3 Naravandas. That sale deed was for a sum of Rs. 2,500 and the recitals in that sale deed show that the vendor acknowledged the receipt of Rs. 200/- under the agreement of sale made in favour of d












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