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2008 Supreme(Gau) 736

AFTAB H.SAIKIA, ANIMA HAZARIKA
Ramesh Kumar Gupta – Appellant
Versus
Kshetrimayum Ibohal Singh – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: M.K. Choudhury and J.I. Barbhuiya, Advs.
For Respondents/Defendant: A.C. Borbora and M.G. Singh, Advs.

JUDGMENT

Aftab H. Saikia, J.

1. Heard Mr. M.K. Choudhury, the learned senior, Counsel assisted by Mr. J.I. Barbhuiya, learned Counsel appearing for the Appellant as well as Mr. A.C. Borbora, learned senior Counsel assisted by Mr. M.G. Singh, learned Counsel representing the Respondents.

2. This First Appeal has been directed against the judgment and decree dated 26.9.2008 passed by the Additional District Judge (Fast Track Court), Manipur East, Imphal in Original Suit No. 45/2000/3/2003 whereby the suit for specific performance of contract for sale of suit land instituted by the Appellant as Plaintiff ('the Appellant') against the Respondents arraying them as the Defendants ('the Respondents') was dismissed by the trial court.

3. It was pleaded in the plaint by the Appellant that the suit land described fully in the Schedule to the plaint originally belonged to and owned by one late Kshetrimayum Tomba Singh, father of the Respondent No. 1, Kshetrimayum Ibohal Singh. During the life time, Tomba Singh who died in 1987 constructed one semi pucca building-inside the suit plot and let the same to Dwarika Prasad father of the Appellant. On his death, the Respondent No. 1 inherited the suit p






























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