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2015 Supreme(Raj) 1369

NISHA GUPTA
Kalyan – Appellant
Versus
Jagdish Narain – Respondent


Advocates:
For the Appellant:Dinesh Yadav, Advocate.
For the Respondent:R. K. Agrawal, Advocate.
For the Respondent No. 1:Sunita Pareek, Advocate.

JUDGMENT

1. The instant civil regular first appeal as well as civil cross objection have been preferred against the common judgment & decree dated 01/11/2001 passed by the court of District Judge, Jaipur District Jaipur whereby, in lieu of specific performance, compensation has been awarded to the plaintiff-respondent. Since the appeal and cross-objection arise out of the same judgment & decree dated 01/11/2001 hence, both are being decided by this common judgment.

2. The facts giving rise to this appeal and the cross objection in brief are that the plaintiff-respondent filed a suit on 16/08/1989 initially against defendant-respondent No.2 for specific performance of agreement dated 30/01/1989. Lateron, the present appellants have been impleaded as party with the contention that respondent No.2 was owner of the suit property bearing old Khasra No.462/1225 (new Khasra No.1323/1324) measuring 20 bigha situated in village Govindpura @Ropara, Tehsil Sanganer. On 30/01/1989, he executed an agreement to sell in favour of the plaintiff-respondent. Total sale consideration was decided to be Rs. 80,000/-. Plaintiff paid a sum of Rs. 10,000/- in advance. Agreement to sell has been executed in









































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