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Mahadeo Prosad Agarwala – Appellant
Versus
Narain Chandra Chakravarti – Respondent
JUDGMENT
1. This is an appeal by the Plaintiff in a suit to enforce specific performance of a contract for sale of land and machineries 43described in the schedule to the plaint. On the 25th June 1917, the first Defendant entered into an agreement with the Plaintiff to convey to him the properties in suit for a sum of Rs. 6,000. Rs. 51 was paid as earnest money and the residue was agreed to be paid at the time of the execution of the conveyance. The vendor undertook to deliver to the Attorney for the purchaser within one week from the date of agreement all documents of title in his possession. The agreement next provided as follows: (a) "the purchase shall be completed within three weeks from the date hereof, (6) should the purchaser fail to complete the contract within the time and in manner hereinbefore mentioned, notwithstanding that a good title had been made out, the vendor would be at liberty to cancel the agreement, forfeit the earnest money and claim either damages or specific performance of the contract." On the 1st August 1917, the first Defendant sold the land and the machineries to the second Defendant. Two days later the Plaintiff instituted the present suit for specifi
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