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RAJESH KUMAR VERMA
Manik Nandan Singh – Appellant
Versus
Chandani Devi – Respondent
Rajesh Kumar Verma, J. – Heard Mr.Pramod Kumar Sinha, learned counsel for the appellants and Mr.Awadhesh Kumar, learned counsel for the respondents.
2. This appeal is directed against the judgment and decree dated 26.07.2003 passed by learned 4th Subordinate Judge, Bhagalpur, in Title Suit No.242 of 1993 whereby and whereunder the defendant No.1 is directed to execute the sale deed in respect of Schedule-III property in favour of the plaintiff within 60 days after receiving the balance consideration amount of Rs.61,001/- (Rs. Sixty One Thousand One), failing which the plaintiff is entitled to get the sale deed executed through the process of the Court after depositing the balance consideration amount.
3. The plaintiff, who is respondent in the present appeal, has filed suit for specific performance of contract, in respect of property Schedule-III, upon receiving balance amount of consideration and also prayed refund of whole amount as alternative relief. The case of the plaintiff is that on 23.11.1989, defendant No.1 in presence of her husband Babu Girja Nandan Singh orally agreed to sell property Schedule-I for Rs.7,50,001/- (Rs. Seven Lacs Fifty Thousand One) the said property incl
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