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2006 Supreme(Raj) 2638

VINEET KOTHARI
Lahiri – Appellant
Versus
Prem Prakash – Respondent


Advocates:
APPEARANCES :
Dr. Y.C. Sharma, Advocate, for the Appellant-Defendant.
Mr. R.K. Jain, Advocate, for the Respondent-Plaintiff.

Dr. Vineet Kothari, J.—This Appeal under Sec. 96, C.P.C is directed against the judgment and decree dt. 27.02.1986 passed by the learned Additional District & Sessions Judge No. 1, Alwar, decreeing the Civil Suit No. 48/82 filed by plaintiff Prem Prakash seeking specific performance of the Agreement to sell dt. 06.11.1978 by which defendant Lahiri agreed to sell his 1/4th share of the agricultural land, as specified in the plaint as well as in the impugned judgment, to the plaintiff for a sum of Rs. 13,000/- under which an advance of Rs. 2,000/- was paid to the defendant and the said Agreement Ex.-1 was executed on a stamp paper which was duly notarized.

2. According to the plaintiff, when the defendant refused to execute the sale-deed though the plaintiff expressed his readiness and willingness to perform his part of the contract and pay the balance amount under the said agreement of Rs. 11,000/-, the plaintiff preferred the present suit seeking specific performance of the contract.

3. On the basis of the pleadings of the parties, the learned trial Court framed the following issues;

(i) Whether the defendant had agreed to sell disputed land described in para No.1 of the plaint on 06.



















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