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1966 Supreme(Pat) 154

TARKESHWAR NATH
Pitambar Mallik – Appellant
Versus
Ramchandra Prasad – Respondent


Judgment

Tarkeshwar Nath, J.

1. This application by defendants Nos. 1 and 3 is for review of the judgment dated the 3rd August, 1964. of Ahmad, J. (as he then was) in second Appeal No. 600 of 1962.

2. The facts giving rise to this application are these. The suit out of which the aforesaid second appeal arose was for specific performance of contract of sale of 1 bigha 18 kathas 5 dhurs of land in village Mahinam Patti; and the case of the plaintiff was that Sant Mallik, father of defendant Nos. 1 and 2 as the karta of the joint family consisting of himself and all the other defendants, had executed a Mahad-danama. dated the 14th November, 1953. in respect of the aforesaid land in his favour. The consideration of the sale was Rs. 1900/-out of which Rs. 300.00 was claimed to have been paid at the time of the execution of the Mahaddanama; Rs. 1234/- was agreed to be set off against two hand-notes executed by Sant Mallik, dated the 8th August, 1952 and 2nd January, 1953, and the balance of Rs. 366/- was agreed to be paid fit the time of the execution of the sale deed, within three months from the date of the Mahaddanama. Sant Mallik, unfortunately, fell ill and died on the 30th April, 19


































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