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1959 Supreme(Pat) 132

R.K.CHOUDHARY, V.RAMASWAMI
Rameshwar Prasad Sahi – Appellant
Versus
Mt. Anandi Devi – Respondent


Judgment

1. In the suit out of which this appeal arises the plaintiff claimed a decree for specific performance of a contract for sale entered into by defendant No. 1 on her own behalf and on behalf of her minor grandson, defendant No. 2, with regard to 3 bighas 14 kathas 21/2 dhurs of land in village Baruraj of Muzaffarpur district, for a consideration of Rs. 1000/-. The plaintiff alleged that the contract was made sometime in September, 1945 and the plaintiff also paid a sum of Rs. 555/- to defendant No. 1 out of the consideration money. It is stated by the plaintiff that defendant No. 1 could not register the document on account of illness, and after she had recovered from her illness defendant no, 1 refused to register the document of sale which she had executed on the 21st September, 1945. The suit was contested by the defendants on the ground that there was no contract of sale, and that no kebala was executed by defendant No. 1 on the 21st September, 1945, but that the plaintiff had fabricated the document. Defendant No. 1 also denied the receipt of the amount of Rs. 555/- from the plaintiff. The trial court found that defendant No. 1 had entered into a contract with the plain







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