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2023 Supreme(Pat) 1079

SUNIL DUTTA MISHRA
Musmat Shanti Devi – Appellant
Versus
Lallu Ram – Respondent


Advocates appeared:
For the Petitioners: Mr. Awadhesh Prasad Sinha.
For the O.Ps. : Mr. Deepak Kumar.

Sunil Dutta Mishra, J.—Heard learned advocates for the parties.

2. This Civil Revision has been filed against the order dated 05.12.2017 passed in Title Suit No.15 of 2016 by learned Sub-Judge, Jagdishpur, Bhojpur by which petition filed under Order 7 Rule 11 of the C.P.C. has been rejected.

3. Petitioners herein are defendant nos.1 and 2 in the Title Suit No.15 of 2016 filed by opposite party no.1 (plaintiff) for a relief for specific performance of contract with other reliefs on the basis of deed of contract for sale/Mahadanama dated 11.05.2014 on Non-Judicial stamp paper. It is stated that petitioner/defendant no.1 Shanti Devi has taken Rs.37 lacs and executed affidavit of receipt dated 05.11.2014 before Notary Public on which petitioner/defendant no.2 Manoj Pandey is a witness and given possession on the said land with assurance to execute registered sale deed. The petitioners came to know that defendant no.1 got permission from Consolidation Officer in this regard then she told that she has sold the land to defendant no.2 Manoj Pandey. The said amount has not been returned by the defendant no.1 nor executed the sale deed, hence the plaintiff filed the said suit. Petitioners/defe

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