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1964 Supreme(Raj) 74

CHHANGANI
Fateh Singh – Appellant
Versus
Gopi – Respondent


Advocates Appeared:
M.D. Bhargava, for Appellants; C.K. Garg, for Ganesh; C.L. Agarwal, for Respondents; R.S. Khejarwal, for Respondent

CHHANGANI, J.—This is a second appeal by defendants Fatehsingh, Mukand Singh and Ganpatsingh, and has arisen out of a suit for specific performance of an agreement of sale of agricultural land. Plaintiff-respondents Gopi and Moti of Anop Pura filed a suit against the defendant-appellants in the Court of Munsif, Jaipur Districts Jaipur, with the following allegations.

2. The defendant-appellants were Khatedar tenants of holding Khasra No. 241 measuring 5 Bighas 11, Biswas called by the name "Bagahali" in village Jhund, Tehsil Sanganer. That on Bhadwa Sudi 6, Samvat 2016 corresponding to 24th of September, 1959, the defendants sold the holding mentioned above to the plaintiffs for a sum of Rs. 1,375/- and executed a writing in their favour. The purchase money was paid over to the defendants-appellant and they agreed to execute a regular sale-deed and get it registered within a period of one month. It was also agreed between the parties that the defendants would be responsible for the expenses on account of stamps and registration. The plaintiffs case was that the defendants failed to execute the sale deed and in the meanwhile they started negotiations for the sale of the holding with























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