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1986 Supreme(Raj) 5

S.N.BHARGAVA
Rama Davi – Appellant
Versus
Sanganer Cooperative Housing Society Ltd. – Respondent


Advocates Appeared:
P.C. Jain, for Appellants B.L. Agrawa, for Respondent

S.N. BHARGAVA. J.—This is an appeal against the order of District Judge, Jaipur District, Jaipur, granting an injunction against the defendant appellants, restraining them from selling the land of Khasra No. 1111 and 1112 and from making any constructions, and further directing to maintain the status quo.

2. The plaintiff-respondent filed a suit for specific performance on the basis of an agreement by the appellant in favour of the plaintiff-respondent. The first agreement was dated 11.7.75 by which the defendants agreed to sell land measuring 6 Bighas and 12 Biswas out of Khasra No 1111 for a sum of Rs. 1,85,000/- and a sum of Rs. 100/- was given in advance. It was further agreed that as soon as the respondent society paid a sum of Rs. 50,000/-, the possession of the property would be handed over to the Society. The time given in the agreement was of six months. Since the respondent Society could not pay the amount, the time was extended initially upto 31.12.76 and again upto 31.12.78. On 28.12.78, another agreement was executed by which the appellants agreed to sell the land to the respondent Society on the same terms, except the portion of land measuring 56 x 80 on the South-West











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