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2022 Supreme(Raj) 1183

SUDESH BANSAL
Madanlal – Appellant
Versus
Ramu – Respondent


Advocates appeared:
Mr. Dhruv Atri, Advocate., for the Appellant

JUDGMENT

1. The instant second appeal under Section 100 CPC has been filed by appellant-plaintiff, feeling aggrieved by dismissal of his civil suit for specific performance of an agreement dated 31.12.1985, vide judgment and decree dated 02.09.2006 passed in Civil Suit No.155/1998 (167/2003) by the Court of Civil Judge (Sr. Division) Sambharlake, District Jaipur which has been affirmed in first appeal No.28/2006 by the Court of Additional District Judge No.1, Sambharlake District Jaipur vide judgment dated 28.08.2019.

2. Heard learned counsel for appellant.

3. It appears that both courts below have concurrently held that appellant-plaintiff could not prove execution of agreement dated 31.12.1985 (Ex.1). The appellant-plaintiff claimed to purchase land of 8 biswa of Khasra No.547, measuring total 21 bigha 10 biswa, against sale consideration of Rs.2,000/- and to obtain possession of the same. It is admitted case of plaintiff that vide sale deed dated 18.09.1998 (Ex.2), land of 8 bigha 6 biswa out of Khasra No.547 has been sold to defendant No.3. Plaintiff came out with a case that defendant No.3, on the basis of his registered sale deed dated 18.09.1998, wants to dispossess the plainti

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