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1960 Supreme(Pat) 169

N.L.UNTWALIA
Kalabati – Appellant
Versus
Chandranarain Mandal – Respondent


Judgment

N. L. Untwalia, J.

1. This application in revision by the , two petitioners has arisen in these circumstances-In 1943, Deonarain Mandal since deceased, husband of the two Petitioners brought a suit for specific performance of contract against opposite party Nos.2 to 7. Opposite party Nos.2 to 8 had agreed to sell the property to him. Opposite party Nos.4 to 7 were subsequent purchasers with notice of the contract for sale in favour of Deonarain Mandal. The suit was decreed by the trial court. The appeal of opposite party Nos.4 to 7 before the lower appellate Court was also dismissed. They preferred Second Appeal No.842 of 1950 in this Court and during the pendency of this appeal Deonarain Mandal died. The two Petitioners, his two widows, were substituted in the second appeal on the 1st February, 1956, and ultimately the second appeal was dismissed on the 31st July, 1956. Thereafter, Title Execution Case No.176 of 1959 has been filed in the court of the Munsif at Madhipura by the two widows for execution of the decree for specific performance and another execution case, being Title Execution case, No.178 of 1959, has been filed in the same court by Chandranarain Mandal oppos








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