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1961 Supreme(Pat) 75

V.RAMASWAMI, N.L.UNTWALIA
Jamahir Sao – Appellant
Versus
Satrughna Sonar – Respondent


Judgment

1. In the suit out of which this appeal arises the plaintiffs alleged that on the 3rd October, 1953, there was an agreement executed by the defendants In favour of the plaintiffs for sale of the disputed lands to the plaintiffs for a sum of Rs. 2999/-. It was alleged that a sum of Rs. 500.00 wag Paid oh the date of the agreement and the deed! of sale was to be executed by the defendants within six months from the date of the agreement. It was also agreed between the parties that the plaintiff would pay a sum of Rs. 648/- in cash on the date the sale was registered, and! the rest of the consideration was to be paid by the plaintiffs towards the liquidation of a previous usufructuary mortgage with regard to the disputed lands.

The plaintiffs brought the suit for specific performance of the contract. The suit was contested by the defendants on the ground that there was a clause for reconveyance in the contract of sale and the defendants had also agreed to repay the sum of Rs. 500.00 to the plaintiffs. The defendants also asserted that the plaintiffs had not redeem the usufructuary mortgage and in view of the clause for reconveyance the plaintiffs were not entitled to a decree
















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