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2014 Supreme(Jhk) 920

D.N.UPADHYAY
Dakshayan Constructions Private Limited – Appellant
Versus
Bulakan Prasad – Respondent


Advocates Appeared:
For the Appellant:Mr. Rahul Gupta, Ms. Niyati Sah, Advocates.
For the Respondent:Mr. Amar Kumar Sinha, Mr. Kundan Kumar Ambastha, Mr. Abdul Wahab, Advocates.

ORDER

1. This appeal has been preferred against the Judgment dated 04.01.2012, Decree dated 21.01.2012, passed and signed by Sub Judge-X, Ranchi in connection with Title Suit No. 259 of 2002 whereby the learned Sub Judge has been pleased to decree the suit for specific performance in favour of the respondent no. 1 and directed the appellant to execute Deed of Sale with respect to suit property after receiving the balance consideration amount with cost, failing which the Court will execute the Deed of Sale according to process of law.

2. The appellants were defendants no. 2 and 3 whereas proforma respondent no. 2 was the defendant no. 1 in the Court below. The respondent no. 1 was the plaintiff who filed Title Suit No. 259 of 2002 in the Court of Sub Judge-I at Ranchi with following facts:-

(i) The defendant no. 1 is the absolute owner of the property pertaining to M.S. Plot No. 1875 corresponding to present Municipal Holding No. 1031, area measuring 6 Katha 9 Chhatak within Ward No. VII of Ranchi Municipal Corporation situated at Mohalla - Tharpakhna, Town - Ranchi, P.S. - Lower Bazar, District Ranchi.

(ii) The defendant no. 1 as land owner and the defendant no. 2 through its propr
































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