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2007 Supreme(Raj) 850

S.N.JHA, MOHAMMAD RAFIQ
Krishna Kumar Ratwat – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Paras Kuhad with Sandeep Taneja for Appellants in SAW No.744/94) B.L. Sharma, Sr. Advocate with Ms. Raj Sharma, for Appellant in SAW No.188/95 J.K. Singhi with Shri Anuroop Singhi, for Respondents in both the appeals

Honble RAFIQ, J.–These two special appeals are directed against the judgment of the learned Single Judge dated 14.9.1994 in the writ petition filed by the appellant Krishna Kumar Rawat and three others in which appellant Smt. Mithilesh Kumari was a respondent. Factual matrix of the case is that petitioners Krishna Kumar Rawat, Ashok Kumar Rawat, Ravindra Kumar Rawat and Rajindra Kumar Rawat were intending buyers of a property located at khasra no.126 of Village Durgapura in Tehsil Sanganer of District Jaipur, which now forms part of Jaipur City. This property consists of a plot area admeasuring 9500 sq. yards / 7945 sq. mtrs. with two godowns and certain other structures. The appellant Mithilesh Kumari (for short the vendor), the owner of the property, entered into an agreement to sale dated 18.12.1993 for sale of the aforesaid property in favour of the prospective buyers for a consideration of Rs.99,84,500/-. The sale price was calculated at the rate of Rs.1051/- per sq. yard and a sum of Rs.40,00,000/- was paid in advance by the prospective buyers to the vendor vide cheque dated 18.12.1993. It was agreed between the parties that they shall obtain a certificate in Form 37-I of the

































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