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1949 Supreme(Cal) 304

R. P. MOOKERJEE, J. P. MITTER
Kartik Chandra Pal – Appellant
Versus
Dibakar Bhattacharjee – Respondent


Advocates appeared:
Apurba Charan Mukherji and Ganga Narayan Chandra, for the Appellant; R.B. Pal and Purushotam Chatterji, for the Respondent

JUDGMENT

R.P. Mookerjee, J. - This is an appeal on behalf of the J.-D. against an order passed by the Additional Subordinate Judge, Burdwan dismissing an objection filed u/s 47, Civil P. C.

2. The plff.-respondent had brought a suit for specific performance of a contract against the defts. The suit was decreed on 21-2-1948 in the following terms: Claim for

"Properties mentioned in the Schedule below belonged to one Raman Dhara & defts. became owners of the same after the death of said Raman Dbara Defts. on different dates took Rs. 600 as earnest money from the plff. & executed a bainanama in favour of the plff. & promised to sell those properties to plff. by executing & registering s sale deed. A deed of sale was dratted on proper stamps on the advice of the deft. 1, But as defts. subsequently refused to execute & register the said deed, plff's claims are for a decree of specific performance of contract in respect of the said deed against the deft. & on deft, fail- ing to execute & register the deed within the same limit prescribed by the Court to have the deed executed & registered by the Court & to have coats of this suit from the defts. & if claim of specific performance of contra

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