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2012 Supreme(Pat) 1015

V.NATH
Laddu Gope – Appellant
Versus
Manoj Kuer Sharma – Respondent


Advocates appeared:
For the Appellants: Mr. Kali Das Chatterjee, B.K. Bariar, Ajay Kumar
For the Respondents: Mr. Dronacharya, with Mr. Rajendra Pd.

Judgment

V. Nath, J.

These three appeals arise out of the three judgments and decrees dated 23.12.1986, passed by Sub-Judge-VII, Patna in T.S. No. 73/83, T.S. No. 74/83 and T.S. No. 75/83 by which the decree for specific performance of contract has been granted to the respective plaintiffs against the common defendant with regard to the parts of the same plot belonging to him. All the three appeals have been filed by the defendant Laddu Gope as appellant. As common questions of law and fact are involved in all the three appeals, the prayer of the parties to the appeals for analogous hearing of three appeals was allowed and accordingly the aforesaid three appeals have been heard analogously and are being disposed of by this common judgment.

2. In all the three suits i.e. T.S. No. 73/83, T.S. No. 74/83, T.S. No. 75/83, the defendants are common and the relief for specific performance of contract has been prayed against the defendant no. 1, Laddu Gape on the basis of the three registered agreements for sale executed by him in favour of the plaintiffs. The plaintiffs also belong to one family and are the sons and wife of Nand Kumar Sharma. In the T.S. No. 73/83 Manoj Kumar Sharma son of N






































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