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1990 Supreme(Pat) 52

S.B.SINHA
Rabindra Nath Sahu – Appellant
Versus
Maya Devi – Respondent


Judgment

1. This first appeal at the instance of the plaintiff arises out of a judgment and decree dated 23-12-1983 passed by Shri D.N. Pathak, Special Sub-Judge, Ranchi in Title Suit No. 102 of 1982 whereby and whereunder the said learned Court dismissed the plaintiff-appellants suit for specific performance of an agreement of sale dated 28-11-1980.

2. The facts of the case lie in a very narrow compass.

3. Allegedly the plaintiff and the defendant No. 1, who was admittedly the owner of the disputed land as described in schedule A of the plaint entered into an agreement on 28-11-1980 whereby and whereunder the defendant No. 1 agreed to sell 4 kathas of land.

4. In terms of the said agreement allegedly an application for permission to sell the aforementioned land purported to be under Ss. 26 and 27 of the Urban Land (Ceiling and Regulation) Act, 1976 was filed and the said application was rejected.

5. The defendants however, alleged that another application for permission was filed by the plaintiff without their knowledge and the plaintiff manipulated the matters in this regard and obtained a purported sanction of the competent authority. It is admitted that in relation to the said p


















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