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1994 Supreme(HP) 45

D.P.SOOD
RAJ KUMAR GUPTA – Appellant
Versus
DES RAJ – Respondent


Advocates Appeared:
Mr. Bhupender Gupta, Counsel for the Plaintiffs; Mr. B. B. Vaid, Counsel for the Defendants.

JUDGMENT

1. Plaintiffs are Chairman and Vice-Chairman, respectively of United Group of Industries, Chandigarh. Plaintiff No. 2 for and on behalf of plaintiff No, 1, entered into agreement for sale (Ex. DW- 1 / A) on May 26, 1981 with the defendants to purchase the suit land situated in village Kalyanpur, Pargna Dharampur, Teh. Nalagarh, District Solan for valuable consideration of Rs. 3,39,625.00 allegedly for the purpose of establishing an industry. An amount of Rs. 84,906.26 was paid by the plaintiff No. 2 to the defendants. According to its terms, the balance amount of sale consideration was to be paid in three instalments, the first instalment of Rs. 84906.25 on August 26, 1981, second instalment of Rs, 1,34,062.50 to be paid on November 26, 1981 and the third instalment along with all expenditures incurred on the execution of the sale deed, at the time of registration thereof. The sale deed was agreed to be executed within one year either in the name of purchaser or a company or companies in whose favour the necessary sanction was accorded. Plaintiffs assert that the land in question was agreed to be purchased for the purpose of establishing an industry. It is asserted that bef





























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