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1997 Supreme(Raj) 1052

G.L.GUPTA
Radhey Shyam Dass – Appellant
Versus
Jagdish – Respondent


JUDGMENT

1. - This second appeal has been preferred against the judgment and decree passed by the learned Additional District Judge, Nimbahera dated 11.2.1997 confirming the judgment and decree dated 5.8.1982 passed by the learned Munsif, Nimbahera in the suit for specific performance of contract.

2. The plaintiff's case was that the defendant had agreed to sell his "Bara" to plaintiff on 26.3.1978 for Rs. 2,000/- and he had paid Rs. 1,500/- to the defendant on that very date and it was agreed that the remaining amount of Rs. 500/- would be paid at the time of registration. However, the defendant did not take steps for the registration of the sale deed despite repeated requests of the plaintiff. Defendant's case was that of denial. The learned Munsif framed two issues. After recording the oral evidence and hearing the parties, the learned Munsif held that document dated 26.3.1978 (agreement to sell) was executed by the defendant after obtaining Rs. 1,500/- consideration money. He also found that the plaintiff was ready and willing to perform his part of contract. He, therefore decreed the suit. The learned Additional Dist. Judge has upheld the judgment and decree.

3. The contention o











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