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1998 Supreme(J&K) 54

A.K.GOEL
Karan Kumar – Appellant
Versus
Rajinder Kumar Gupta – Respondent


Advocates Appeared:
Advocate For Appellant: G.A. Tak
Advocate For Respondent: Ashok Parihar

PER ARUN KUMAR GOEL, JUDGE (ORAL)

1. This appeal is directed against the judgment passed by District Judge, Jammu, on 26.10.1985, whereby suit filed by respondent No. 1 (hereinafter referred to as the defendant) has been decreed exparte.

2. Brief facts of the case out of which this appeal has arisen, are that plaintiff filed a suit against defendant, wherein three others persons were arrayed as proforma defendants namely Wazir Sansar Singh, Ex-Sub-Afsar Singh and Hawant Singh. This was a suit for recovery of Rs. 22,826.40 with costs and interest. As per plaintiff, he was induced to purchase a plot of land measuring 50 X 25 ft comprised in kharsa No. 23, having a room standing thereon, which was situated in Mohalla Rajpura Mangotrain, Jammu, for a sale consideration of Rs. 21,000/-, out of which the defendant received an amount of Rs.2000/- as an advance and the balance was agreed to be received by the defendant at the time of execution and registration of the sale deed. This bargain was negotiated by the plaintiff through property dealers, namely Dhani Ram and Sain Dass. Receipt of Rs. 2,000/- was executed and further a sum of Rs. 4,000/- was also received by the defendant from the



















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