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1992 Supreme(Raj) 966

B.R.ARORA
Amar Chand – Appellant
Versus
Gram Panchayat – Respondent


Advocates:
For the Petitioner:H.M. Parekh, Advocate.
For the Non-petitioners 2: Smt. Naju and others
For the Non-petitioner:R. Mehta, Advocate.

JUDGMENT

1. - Plaintiff Amar Chand and Sagar Mal filed a suit for. specific performance of the contract against the Gram Panchayat, Sanchore (defendant No. 1), Moti (defendant No. 2) and the Collector, Jalore (defendant No. 3) and It was prayed that the defendant No. 1 may be directed to execute a sale-deed of the plot in question in favour of the plaintiffs and deliver its possession to them. It was, also, prayed that the defendant No. 2, who is in possession of the plot in question, has no title or Interest in the suit plot as the defendant No. 1 has already sold the plot in question in a public auction to the plaintiffs and, therefore, the plaintiffs are entitled to got the possession of the land In question and the same may be delivered to them after taking over the possession thereof from the defendant No. 2. The suit was contested by the defendants. The learned Munsif, Sanchore, by its decree and judgement dated November 29, 1971, dismissed the suit filed by the plaintiffs. Dissatisfied with the decree and judgement dated November 29, 1971, passed by the learned Munslf and Judicial Magistrate, Sanchore, the plaintiffs preferred an appeal before the learned District Judge, Jal













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