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2018 Supreme(Raj) 676

PRAKASH GUPTA
Umrao Singh, S/o Late Shri Hola Ram – Appellant
Versus
Gajanand, S/o Late Shri Ramji Lal (Since deceased) – Respondent


Advocates Appeared:
For the Appellants : Mr. B.L. Agarwal & Mr. Aakash Gupta.
For the Respondents: Mr. R.K. Agarwal Senior Counsel assisted by Mr. V.S. Yadav.

JUDGMENT :

1. Instant first appeal is directed against the judgement and decree dated 12.3.1997 passed by the Additional District and Sessions Judge, Behror (hereinafter “The Trial Court”), whereby the trial court dismissed the suit of specific performance filed by the plaintiffs-appellants.

2. The brief facts giving rise to this first appeal may be summarised as thus: The case of the plaintiffs-appellants is that the plaintiffs-appellants had entered into an agreement to sell with the defendant-respondents, agreeing to buy a certain parcel of land for a consideration of Rs. 90,000 (hereinafter “The Suit Property”, the details of which have been given in paragraphs 1 and 2 of the plaint. The said agreement to sell was executed between one Ramjilal and plaintiff no. 1 Umrao Singh and plaintiff no. 2 Gyarsi Lal on 20.6.1986. In pursuance of the said agreement, a sum of Rs. 42,000 was paid by the plaintiffs-appellants to Ramjilal and the possession of the suit property was also handed over to the plaintiffs. Further, it was also agreed between the parties that the sale deed for the said property would be executed on or before 20.6.1986. However, before the sale deed could be registered,











































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