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1981 Supreme(Guj) 79

D.H.SHUKLA, S.L.TALATI
RATILAL DOSABHAI TANNA – Appellant
Versus
ABDULHUSEIN HASANALI – Respondent


Advocates Appeared: ARUN H.MEHTA, D.L.Kothari, R.D.KOTHARI

S. L. TALATI, J.

( 1 ) THERE is a house property bearing no. 453 on plot no. 12 at Rajkot and the property is known as Manoramya. The plaintiffs are the brothers and the defendant wanted to sell the above property. The plaintiffs case is that on 10-5-1968 an agreement was entered into between the parties by which the plaintiffs agreed to purchase the property for a sum of Rs. 1 10 0 That document is at Exh. 120. On that date two months time was fixed for executing the sale-deed. However the defendant wanted a sum of Rs. 35 0 which the defendant wanted to pay to the Co-operative Bank as the title-deeds were lying with the bank and the defendant had borrowed money. The plaintiffs further case is that the defendant approached for the above sum and they were not willing to part with the sum of Rs. 35 0 as two months time was fixed initially for executing the document. The defendant thereupon agreed to execute the sale-deed at the earliest and therefore the sum of Rs. 35 0 was paid on 16-5-1968. Ultimately this sale deed was executed on 18-5-1968 and it was presented for registration. However the document could not be registered on that day as the Sub-Registrar insisted for production of


















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