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2017 Supreme(HP) 362

SANDEEP SHARMA
Benu Dhar Bhanja – Appellant
Versus
Dyalo – Respondent


Advocates Appeared:
For the Appellant :Mr. Saurav Rattan, Advocate
For the Respondents:Mr. Bhupender Gupta, Senior Advocate with Mr. Neeraj, Advocate

JUDGMENT :

Sandeep Sharma, J.

1. This Regular Second Appeal filed under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 29.06.2006, passed by learned District Judge, Solan, District Solan, in Civil Appeal No.9- NL/13 of 2005/03, affirming the judgment and decree dated 29.10.2002, passed by learned Sub Judge, Nalagarh, District Solan, where by suit of the plaintiff was partly decreed.

2. Briefly stated facts, as emerged from the record, are that the appellant-plaintiff (hereinafter referred to as the ‘plaintiff’) filed a suit for specific performance of contract dated 29.2.1988, directing respondents-defendants No.1 to 6 (here in after referred to as defendants No.1 to 6) to execute sale deed of land measuring 1 bigha and in the alternative 1/3rd share i.e. 7 biswas of the suit land, description whereof has been given in the head note of the plaint (hereinafter referred to as the ‘suit land’). It is averred by the plaintiff that on 29.2.1988 Partap Singh, predecessor-in-interest of defendants No.1 to 6, entered into an agreement for sale of 1 Bigha of land for a sum of Rs.40,000/- with the plaintiff and defendants No.7 and 8 and handed over





















































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