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2010 Supreme(Chh) 30

N.K.AGARWAL
ASHA PANDEY – Appellant
Versus
D. K. DUBEY – Respondent


Advocates Appeared:
Shri Vishnu Kosta, Advocate, for the Appellants.
Shri Rajeev Shrivastava, Advocate, for the Respondent.

ORDER

1. This is defendants' first appeal arising out of the judgment and decree dated 29th September, 2001 passed by the District Judge, Raipur in Civil Suit No. 28A/99 whereby and where under, the plaintiff's suit has been decreed.

2. Facts of the case, in brief, are that the plaintiff/respondent filed a suit on 14-6-93 for specific performance of agreement to sell dated 24-5-1990 (Ex. P-1) against late Prabha Shankar Pandey (defendant) i.e. husband of appellant No. 1/defendant. No. 1 and father of other appellants inter alia on the ground the original defendant late Prabha Shankar Pandey entered into agreement to sell with regard to a house bearing No. 17, situated at Aadarsh, State Bank of India Employees Cooperative Housing Society, Sunder Nagar, Raipur for a sale consideration of Rs. 2 lacs and received Rs. 5,000/- as advance. Later on, on 3-2-91, an additional sum of Rs. 2,000/- was also paid by the plaintiff.

3. According to the plaintiff, the sale deed was to be executed after seeking permission from the State Bank of India; balance amount of sale consideration was payable at the time of registration of sale deed. The defendant moved an application on 10-7-90 seeking permissi






















































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