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2000 Supreme(Raj) 1545

MOHD.YAMIN
Mahendra Kumar – Appellant
Versus
Smt. Manni Devi – Respondent


JUDGMENT

1. - A short but interesting point has arisen in this revision petition.

2. Plaintiff filed a suit for specific performance on 16.1.1999 before the learned District Judge, Sikar which was later on transferred to the court of learned Additional District Judge. This case is that agreement regarding sale of property situated at Nani Gate, Nala Ka Baas, Sikar was executed between the parties on 18.1.1996. Consideration of Rs. 1,10,000/ was agreed, out of which a sum of Rs. 1,00,0001- was paid on the same day. It was agreed that the balance of Rs. 10,000/- would be paid at the time of registration. It was further averred that this balance was also paid on 26.1.1996 and the defendant assured to register the sale deed. Thereafter, the plaintiff constructed the shops on the said property. The defendant went on procrastinating to register the sale deed. On 6.10.1998, respondent No. 3 published a notification in the newspaper that the shops in question belong to him. He admitted before the petitioner, when both of them met, that he was misguided by some persons. Assurance was given to execute the sale deed on 15.1.1998. On 15.1,1998, respondent No. 3 did not come to register the sale














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