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1981 Supreme(Guj) 124

A.P.SEN, R.B.MISRA
BABU LAL – Appellant
Versus
HAZARI LAL KISHORI LAL – Respondent


Advocates Appeared: R.K.JAIN, S.BHANDARI

MISRA, J.

( 1 ) THIS is a petition for special leave to appeal against the judgment and order dated 2nd of Sept. 1981 passed by the High Court of Judicature at Allahabad disposing of execution Second Appeals Nos. 1001 and 1720 of 1977 and Civil Revision No. 1447 of 1978. The petition was heard on 7th of December 1981 at some length and after hearing the counsel for the parties we dismissed the same for reasons to be recorded later. We now proceed to give the reasons.

( 2 ) THE present petition is a typical example of the desperate effort of the judgment-debtor to ward off the execution of the decree till the bailiff knocks at the door. Respondents Nos. 6 to 9 entered into an agreement with respondents Nos. 1 to 5 on 30th of July 1967 for sale of certain plots situate behind their shop for Rs. 15 500 Respondents Nos. 1 to 5 had paid a sum of Rs. 1 500 as earnest money pursuant to the agreement. The sale deed was agreed to be executed within fifteen days of the agreement. Respondents Nos. 6 to 9 however executed a sale deed in favour of the petitioner Babu Lal in respect of the same property for Rs. 20 0 on 7 of August 1967 in defiance of the earlier agreement dated 30th of July 1967
































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