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2013 Supreme(Pat) 1034

MUNGESHWAR SAHOO
Lal Bahadur Prasad – Appellant
Versus
Surendra Singh – Respondent


Advocates:
For the Appellants : M/s Dr. Uma Shankar Prasad, Deepak Kumar Sinha.
For the Respondents: M/s Keshav Srivastava, Aditya Narain Singh.

MUNGESHWAR SAHOO, J.:–This Second Appeal had been filed by the original defendant, Smt. Lalti Devi against the judgment and decree dated 15.09.1992 passed by the learned 5th Additional District Judge, Patna in Title Appeal No.161 of 1989 whereby the learned Lower Appellate Court dismissed the appeal and thereby confirmed the judgment and decree of the trial court dated 26.09.1989 passed by the learned Execution Munsif, Patna in Title Suit No.60 of 1987/2 of 1989.

2. The plaintiffs-respondents filed the aforesaid suit for a decree for specific performance of contract dated 01.12.1986. According to the plaintiffs, it was agreed between the parties that the suit property was to be sold by original appellant, Lalti Devi(died during pendency of Second Appeal and substituted) for Rs.20,000 out of which Rs.6,000 was paid as advance and agreement was executed on 01.12.1986. The parties further agreed that the registered deed was to be executed and registered within 01.11.1987. The plaintiffs were always ready and willing to pay the balance consideration amount.

3. The defendants filed contesting written statement mainly contending that the agreement to sale dated 01.12.1986 is forged and fab
















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