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1974 Supreme(Gau) 6

B.N.SARMA, R.S.BINDRA
Sumati Bala Majumder and others – Appellant
Versus
Narendra Kumar Das – Respondent


Advocates Appeared:
A.K.S. Choudhury, for Appellants: M.R. Choudhur

Judgement

SARMA, J.:- This is a second appeal by the plaintiffs against the decree of the learned District Judge, Tripura, dated 16-1-1967 passed in Title Appeal No. 33 of 1964 whereby he dismissed the plaintiffs suit for specific performance of a contract for sale of a plot of land measuring 5 kanis, as described in the schedule to the plaint, hereafter called the suit land.

2. The plaintiffs case was that the defendant Shri Harendra Kumar Das entered into a contract with late Amulya Kumar Majumder - husband of plaintiff No. 1 and father of the other plaintiffs, on 18-4-1960 A. D. to sell the suit land for Rs. 15,900/- by executing a registered deed of agreement (Ext. P-1) on receipt of Rs. 1,000/- as advance with the stipulation that he would execute the sale deed on receipt of the balance of the consideration money on or before the 30th day of Chaitra, 1367 B. S. After this agreement Amulya Kumar Majumder died in the month of Sravan. During his lifetime Amulya Kumar Majumder himself and after his death the plaintff No. 1 requested the defendant to execute the sale deed. on receipt of the balance of the consideration money but the defendant did not pay any heed. The plaintiffs av


















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