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2019 Supreme(Jhk) 1303

ANIL KUMAR CHOUDHARY
Adit Singh – Appellant
Versus
Anand Ganjhu – Respondent


Advocates Appeared:
S.K. Sharma, Advocate, D.K. Chakrawarti, Advocate

JUDGMENT

Anil Kumar Choudhary, J. - Heard the parties.

2. The defendant/appellant has preferred this appeal being aggrieved by the judgment and decree dated 20.02.2006 passed by learned Subordinate Judge-I, Khunti in Title Suit No.10 of 2003 whereby and where under the learned court below has decreed the suit of the plaintiff for specific performance and directed the defendant to execute a deed of sale on receipt of the balance consideration amount of Rs.5,000/- within three months from the date of the judgment and on failure of the compliance of the direction, it was made open to the plaintiffs to deposit the balance consideration amount of Rs.5,000/- in court and to get the document of deed of sale executed through process of the court within six months from the period prescribed.

3. The case of the plaintiffs in brief is that the defendant is the owner of the suit land. The defendant in order to meet his urgent need and requirement expressed his intention to sell the suit land and the plaintiffs agreed to purchase the same. The total consideration amount of the suit land was fixed at Rs.3,00,000/-. The defendant voluntarily out of free will entered into a registered agreement for

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