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2012 Supreme(Pat) 1205

MUNGESHWAR SAHOO
Dilip Gupta – Appellant
Versus
Debashish Palit – Respondent


Advocates:
For the Appellants : M/s J.S. Arora, Bhuwaneshwar Prasad.
For Respondent No. 1: M/s Ganpati Trivedi, Madan Mohan, R. K. Sinha No. 2, Manoj Kumar Pandey.
For Respondent Nos.: M/s Siddheshwari
10, 11 & 12 Prasad Sinha, Srinandan Prasad Singh, Krishan Kumar Sinha.

MUNGESHWAR SAHOO, J.:–The plaintiffs appellants appellants have filed this second appeal against the appellate court judgment and decree dated 13.11.2006 passed by Additional District Judge-7th, Patna in Title Appeal No. 60 of 2006 whereby the lower appellate court dismissed the title appeal and confirmed the judgment and decree of the trial court dated 3.5.2006 passed by Sub Judge-3rd, Patna in Title Suit No. 69 of 2006 whereby the appellants plaint was rejected under Order 7 Rule 11 (a and d) of the Code of Civil Procedure.

2. The plaintiffs filed the aforesaid Title Suit No. 69 of 2006 praying for a decree for specific performance of the contract for absolute conveyance of the land measuring 3 kattha 3 dhur described in schedule 2 of the plaint with full and absolute ownership as contained and envisaged in the compromise petition ending in decree dated 18.3.1980 in Title Eviction suit No. 70 of 1967 by the court of execution Munsif, Patna be passed in favour of plaintiffs and against the defendants – 1st party who be directed to execute and register deed of conveyance in favour of the plaintiffs and defendants – 2nd set within a reasonable time and the possession of the plaintiff




































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