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2003 Supreme(Pat) 835

P.K.DEB
Dinesh Chowdhury – Appellant
Versus
Ram Chunihera – Respondent


Judgment

P.K.Deb, J.

1. This appeal has been preferred by the above named appellant who was defendant in the original suit being Title Suit No. 141/1991 and he was respondent in Title Appeal No. 15/1998. The suit of the plaintiffs respondents was dismissed in the trial Court but the said dismissal has been reversed by the Appellate Court and the suit has been decreed in favour of the plaintiffs-respondents.

2. The original suit was filed by Jhakia Devi the predecessor-in-interest of the present respondents. The suit was filed on the basis of an agreement for Specific Performance. Usual prayers were made in the suit filed under the provisions of Specific Relief Act for directing the defendant to execute the sale-deed on the basis of the agreement for sale after taking the consideration amount from the plaintiff and if the defendant does not execute the sale-deed within a specified time the same should be done by the Court. According to the plaintiffs, the suit property measuring fifteen and half decimals of land under Khata No. 443, Khasra No. 423 of Mouza Sajour, P.S. Sahkund, District. Bhagalpur, had been acquired by the plaintiffs on the basis of registered sale-deed dated 4-8-197











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