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1978 Supreme(Pat) 12

LALIT MOHAN SHARMA
Bishwanath Mahto – Appellant
Versus
Srimati Janki Devi – Respondent


Judgment

1. The plaintiff filed a suit for specific performance of a contract of sale alleging that the defendants agreed orally on 28-6-1959 to execute a sale deed in his favour transferring the suit land for a sum of Rs. 7,200/-and that a sum of Rs. 200.00 was paid by the plaintiff to the defendants. The parties agreed that the remaining amount of Rs. 7,000.00 would be paid at the time of the execution of the sale deed The plaintiff repeatedly requested the defendants to execute the documents but they put off the matter. A notice was ultimately sent formally requesting the defendant in that regard and a copy thereof has been admitted in evidence as Ext. 1. The plaintiff received a reply from the defendants through a lawyer which is Ext. 1/a denying the allegation made in Ext. 1 and asserting that the defendants were ready to perform their part of the contract and it was the plaintiff who was the defaulter. The plaintiffs statement about payment of a sum of Rs. 200.00 to the defendants was mechanically denied in Ext. 1/a. The plaintiff thereafter filed the suit out of which this second appeal arises.

2. There were originally two defendants : Smt. Nageshwari Kuer and Smt. Janki Devi







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