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2016 Supreme(Pat) 693

JITENDRA MOHAN SHARMA
Saroj Sinha W/O Late Ramchandra Prasad Sinha – Appellant
Versus
Sharangdhar Prasad S/O Late Krishna Prasad – Respondent


Advocates Appeared:
For the Appellant :Mr. Ganpati Trivedi, Sr. Advocate Mr. D. Chaubey, Advocate Mr. R.K. Sinha No. 2, Advocate
For the Respondents:Mr. J. K. Verma, Advocate Mr. Pankaj Maijorwar, Advocate Mr. Anjani Kumar, Advocate Mr. Abhishek Anand, Advocate

JUDGMENT :

The instant appeal has been filed against the judgment and decree dated 30.03.2012, decree sealed and signed on 13.04.2012 passed by Sri Hari Shankar, the then Sub-Judge VIII, Patna in Title Suit No. 427 of 2004 whereby and whereunder the suit was dismissed on contest and counter claim of the defendant was decreed with direction to the plaintiff to vacate the suit premises within one month and also to pay rent at the rate of Rs. 1200/- per month regarding arrears of rent, failing which the defendant will be entitled to get the suit premises vacated and to realize the arrears of rent through the process of the court.

2. The plaintiff is the appellant and the defendants are the respondents.

3. The plaintiff has filed this suit for decree of specific performance of contract against the defendants with regard to property as mentioned in Schedule I of the plaint in her favour and to direct the defendant no. 1 Dr. Sarangdhar Prasad to get the sale deed of the suit property registered in her name by obtaining permission to sale it to the plaintiff after accepting the remaining amount of consideration money i.e. Rs. 5,00,000/- within time limit fixed by the court, failing which pla










































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