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1970 Supreme(Raj) 142

SHINGHAL
Smt Dhanbai – Appellant
Versus
Pherozshah – Respondent


Advocates Appeared:
U.N. Bachawat, for Appellant; D.P. Gupta, for Respondent

SHINGHAL, J.—This second appeal of the defendant is directed against the appellate judgment and decree of District Judge, Pratabgarh, dated August 11,1666 in a suit for specific performance of a contract for the sale of immoveable property situated in Pratabgarh.

2. Pherozshah Fardoonji, the husband of the defendant Smt. Dhanbai admittedly died on December 23, 1956 leaving the defendant and their daughter Smt. Zarbai as bis heirs. It seems that he owned plots Nos. 450 and 451, including a petrol godown, in Pratabgarh. Plaintiff Pherozshah is also a resident of Pratabgarh On December 23, 1958, on the second anniversary of the death of the defendants husband, there was a contract between the plaintiff and "Perozshah Rustamji & Sons" for the sale of the suit land for Rs. 3,501/- in terms of document Ex. 1 executed by the defendant. The defendant received an advance payment of Rs. 101/-frorn the plaintiff and specifically stated in Ex. 1 that she would get the sale deed registered within two days. She further stated that she and her children will have no objection to the sale and that if any objection was raised, she herself would be personally responsible to her children. Then it was s












































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