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1980 Supreme(Raj) 59

C.M.LODHA, KANTA BHATNAGAR
Kirpal Singh – Appellant
Versus
Mst. Kartaro – Respondent


Advocates Appeared:
Rajendra Mehta, for Appellant; M. Mridul, for Respondent No. 1; Hastimal Parakh assisted by Dalpat Raj Bhandari, for Respondents Nos. 1 to 4.

C.M. LODHA, C.J. — This is a plaintiffs special appeal under sec. 18 of the Rajasthan High Court Ordinance from the judgment and decree dated 16. 2. 1972 by Kan Singh J., whereby the learned Judge set aside the judgment and decree of the trial court and dismissed the plaintiffs suit for specific performance of the contract of sale of agricultural land and substituted a decree for Rs. 4000/- with interest @ 6% per annum from the date of suit till realisation.

2. The suit was instituted against Gujar Singh but he died during the pendency of this appeal and is now represented by his widow Shrimati Kartro-respondent No. 1. It appears that after the decision by the learned Single Judge Gujar Singh sold away the land in question by a registered sale deed dated 31. 3. 1978 to Sukhmindra Singh, Balvindra Singh and Veer Singh, who have been also impleaded as respondents Nos. 2, 3 and 4 in this appeal, as transferees during the pendency of this appeal.

3. The plaintiffs case as set out in the plaint is that on 2. 9. 1967 the defendant agreed to sell the agricultural land in question-measuring 10 Bighas and 10 Biswas, situated in Chak 24z, District Ganganagar to the plaintiff at the rate of Rs.







































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