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2022 Supreme(Raj) 911

SUDESH BANSAL
Omkar – Appellant
Versus
Musadi Lal – Respondent


Advocates appeared:
Mr. Ramesh Chandra Kumawat, for the Appellant.

JUDGMENT

1. Appellant-plaintiff has filed this second appeal under Section 100 of Code of Civil Procedure assailing the judgment and decree dated 01.06.2019 passed in civil first appeal No.02/2016 by the Court of Additional District Judge, Bansur, District Alwar affirming the judgment and decree dated 27.05.2016 passed in civil suit No.35/2012 by the Court of Civil Judge, Bansur District Alwar whereby and whereunder the civil suit for specific performance and permanent injunction filed by appellant-plaintiff was dismissed.

2. Having heard learned counsel for appellant and on perusal of impugned judgments and record.

3. The relevant facts may be recapitulated as under:-

    '3.1 Appellant-plaintiff instituted a civil suit for specific performance of contract and permanent injunction on 10.10.2012, on the basis of an agreement to sale dated 02.04.1982. It means the suit has been filed after expiry of near-about 30 years.

    3.2 Plaintiff averred that he was in possession of lands in question from 1968 much prior to agreement to sale dated 02.04.1982.

    3.3 Plaintiff averred that he issued a legal notice dated 13.09.2012 for getting the sale deed registered in compliance of agreement dated 02.04.1

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