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1975 Supreme(HP) 31

D.B.LAL
RAKHA SINGH – Appellant
Versus
SANTOKHA – Respondent


Advocates Appeared:
S. Malhotra, for Appellant K.D. Sud, for Respondents.

JUDGMENT

1. This second appeal is brought from the judgment of the District Judge, Simla reversing in appeal the judgment of the Sub-Judge, 1st Class, Nalagarh, as a result to which a suit for specific performance filed by Rakha Singh has been dismissed. It was stated by Rakha Singh that Chanan Ram (respondent No. 4) entered into an agreement with him on June 4, 1965 whereby Chanan Ram was willing to sell and Rakha Singh was willing to purchase 6 bighas 16 biswas land situate in village Bhogpur at the rate of Rs. 235 per bigha and the sale deed was to be executed on June 25, 1965. After a protracted correspondence between the parties, Chanan Ram finally wrote to Rakha Singh on 20-12-1965 that the sale deed must be executed in the month of December, 1965. According to him he also sent a notice to the plaintiff on 24-12-1965 but received no reply. Thereafter on 10-1-1966 Chanan Ram executed the sale of the disputed land in favour of the respondents 1 to 3. Rakha Singh thereafter brought a suit for specific performance of contract. The suit was decreed by the trial Court. The subsequent vendees came in appeal before the District Judge and the decree of the trial Court was set aside. It







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