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1974 Supreme(Raj) 101

MODI
Deenanath – Appellant
Versus
Chunnilal – Respondent


Advocates Appeared:
H.M. Parikh, for Appellant; L.R. Mehta, for Respondent

MODI, J.—This is an appeal by plaintiff Deenanath against the judgment and decree of the Civil Judge, Udaipur, dated 30-11-72 dismissing the plaintiffs suit for specific performance of an agreement to sell certain agricultural land.

2. On 22-2-64 defendanc-respondent Chunnilal entered into an agreement with the plaintiff to sell his khatedari rights in 11 bighas 6 bighas of land of Khata No. 223 situated at village Ayad, tehsil Girwa district Udaipur for Rs. 13,000. In pursuance of the said agreement, the defendant.respondent received Rs. 1000 from the plaintiff as part payment of the sale-price and executed the agreement Ex.A/1 in favour of the plaintiff. It was agreed between the parties that the plaintiff shall pay the balance of the sale-price at the time of the registration of the sale-deed. The plaintiff averred in the plaint that he was ready and willing to perform his part of the contract but the defendant on some pretext or other avoided to execute the sale-deed. The plaintiff therefore served a notice on 29-12-65 calling upon the defendant to receive the balance of the sale-price and execute the sale-deed and get it registered in his favour. The defendant gave a false repl
























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