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2023 Supreme(Raj) 396

REKHA BORANA
Munni Devi W/o Shri Mangilal Khadriya – Appellant
Versus
Sunita W/o Anil Kumar – Respondent


JUDGMENT :

1. The present regular appeal has been preferred against the judgment and decree dated 29.07.2022 passed by the Additional District Judge, Bhadra, District Hanumangarh in Original Suit No.09/2016 (CIS No.09/2016), whereby the suit for specific performance of the contract as preferred by the plaintiffs has been decreed.

2. As per the plaint, the defendants Munni Devi and Sunil Kumar being the wife and son of Mangilal respectively, after his death on 01.05.2001, became the owners of the residential premises of which a lease had been issued in his favour. Besides the residential house, one shop was also registered in the name of defendant no.2-Sunil Kumar. On 03.12.2015, both the defendants executed an agreement to sell in favour of the plaintiffs qua both, the residential house as well as the shop for a consideration of Rs.9 lac and 11 lac respectively. The consideration amount of Rs.6 lac each was paid to the defendants on the same date and it was agreed that the remaining consideration amount of Rs.8 lac would be paid on 18.07.2016, the date fixed for execution of the sale-deed in favour of the plaintiffs. As the defendants did not execute the sale deed in favour of the pl

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