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2007 Supreme(Jhk) 262

N.N.TIWARI
Manoj Kumar Singh And Ulka Singh – Appellant
Versus
Kusum Dhawan – Respondent


JUDGMENT

Narendra Nath Tiwari, J.

1. This appeal arises out of the judgment and decree dated 28 June, 1993 (decree signed on 12.7.1.993) passed by the learned Sub-Judge-i, Ranchi, where by learned Trial Court has dismissed the plaintiffs-appellants suit being T.S. No. 34 of 1991 in the said suit, the plaintiffs-appellants had sought relief for a decree for specific performance of contract against the defendant, directing her to execute and register the sale deed in favour of the plaintiffs-appellants in accordance with the agreement on accepting the balance consideration amount.

2. The case of the plaintiffs-appellants, in brief, was that the parties had entered into an agreement for sale of the residential building along with garage standing over a portion of R.S Plot no 1651 being sub-plot No. 1651/5/R appertaining to Khata No. 329 of village-Hinoo., P.S. Jagarnathpur, District- Ranchi, measuring an area of 5 kathas more or less, fully described in Schedule-B of the plaint. According to the plaintiffs, the defendant-respondent offered to sell the said property for a total consideration of Rs. 3,50,000/-. The plaintiffs had accepted the terms and agreement dated 20 th October, 1990,





























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