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PARTHA SARTHY
Sangita Sinha, Wife of Deepak Kumar Sinha – Appellant
Versus
Bhawana Bhardwaj, Wife of Dr. Ajay Kumar Bhardwaj – Respondent
| Table of Content |
|---|
| 1. facts of the case (Para 1 , 2 , 3) |
| 2. arguments of the original defendant (Para 4 , 5 , 9) |
| 3. the position of the original defendant after the suit (Para 6 , 8 , 10) |
| 4. circumstances surrounding the contract execution (Para 11 , 12 , 22) |
| 5. court's analysis of agreement validity (Para 25 , 30 , 36) |
| 6. court's decision on the validity of the agreement. (Para 26) |
| 7. determination of readiness and willingness (Para 40 , 42 , 44) |
| 8. final judgment and dismissal of the appeal (Para 48 , 50 , 61) |
| 9. clarity on the issues raised and arguments presented by both sides. (Para 51 , 52) |
JUDGMENT :
(Partha Sarthy, J.) :
1. The instant appeal has been preferred against the judgment dated 27.4.2018 and decree dated 10.5.2018 passed in Title Suit no. 176 of 2008 whereby the suit filed by the plaintiff- respondent no.1 was decreed on contest with a direction to the defendants to execute the sale deed in favour of the plaintiff with respect to the suit property described in Schedule-A of the plaint.
2. The case of the plaintiff in brief is that Kusum Kumari (original defendant no.1) was the owner of plot no. A/164 in P.C. Colony, Kankarbagh, Patna measuring an area of 2800 sq.ft. with a hou
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