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2008 Supreme(Pat) 1589

S.N.HUSSAIN
Jala Devi Wife Of Sri Ganesh Modi – Appellant
Versus
Chedan Prasad Mandal Son Of Raj Narayan Mandal – Respondent


Judgment

S.N.Hussain, J.

1. This second appeal has been filed by the sole plaintiff-respondent-appellant challenging the judgment and decree of the learned court of appeal below.

2. The matter arises out of Title Suit No. 94 of 1988, which was filed by the appellant for specific performance of contract by way of directing defendant no. 1 to accept balance consideration money and give her the registration receipt of registered sale deed (Ext. 2) dated 10.9.1986 executed by the defendant in favour of the plaintiff with respect to the suit land.

3. The said suit was decreed by the learned Munsif, Banka vide his judgment and decree dated 30.4.1991, which was challenged by the defendants in Title Appeal No. 55 of 1991. The said title appeal was allowed by the learned Additional District Judge-l, Bhagalpur vide judgment and decree dated 27.1.1994 setting aside the judgment and decree of the trial court and rejecting the claim and suit of the plaintiff. The said judgment and decree of the lower appellate court has been challenged by the plaintiff in the instant second appeal.

4. The facts, which are admitted by the parties are that defendants agreed to sell the suit land to the plaintiff a

















































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