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1997 Supreme(Pat) 156

S.K.CHATTOPADHYAYA
Bansi Sao – Appellant
Versus
Jageshwar Prasad Sao – Respondent


Judgment

S.K.Chattopadhyaya, J.

1. This civil revision application is directed against an order dated 15.2.96 by reason of which the learned court below has directed the petitioner-judgment debtor to execute the sale deed in favour of the opposite party/decree holder on accepting Rs. 1200.00 and on failure of which the opposite party has been directed to deposit the said amount in the court for enabling the court to pass order for registration of the sale deed.

2. The facts of the case lie in a narrow compass: The opposite party/plaintiff filed a title suit No. 73/84 for a decree for specific performance of contract stating, inter alia, that the petitioner/defendant entered into an agreement with the opposite party/plaintiff on 9th July, 1977 by which it was agreed that the petitioner would execute the sale deed in respect of the suit land in favour of the opposite party if the opposite party tenders consideration amount of Rs. 1000.00 to him latest by 8.7.84. It is stated that the plaintiff/opposite party wanted to tender the said consideration amount to the petitioner on 8.7.80, 8.7.83, 8.6.84 and even on 28.6.84 with a request to execute the sale deed in his favour but the defend





















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