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1962 Supreme(Pat) 105

RAMRATNA SINGH, KANHAIYA SINGH
Nathuni Mishra – Appellant
Versus
Mahesh Misra – Respondent


Judgment

Kanhaiya Singh, J.

1. This Second Appeal By the defendants arises out of a suit for specific performance of contract. In this case there is a competition between a contract of sale and a completed sale deed. The plaintiff had a contract of sale dated the 1st Chait, 1352 Jhasli, corresponding to the 9th March, 1955, executed in his favour by defendant No. 1. Defendant No. 1 had contracted to sell to the plaintiff 9 kathas of land for Rs. 500, and this contract of sale was entered into to raise money to meet the expenses of marriage of defendant No. 1 himself. It appears that the defendant No. 1 executed a sale deed in favour of defendants second party on the 17th of January, 1955, in respect of the suit land for a consideration of Rs. 400, which was subsequently registered on the 16th of May, 1955. In point of time, therefore, the sale deed in favour of defendants second party was prima facie earlier than the contract of sale in favour of the plaintiff.

The case of the plaintiff was that this sale deed was in fact executed after the contract of: sale in his favour and was ante-dated. Defendants first party, however, denied that they had executed any contract of sale in favou













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