SUDHANSU JYOTI MUKHOPADHAYA, M.VENUGOPAL
P. Retnaswamy – Appellant
Versus
A. Raja & Another – Respondent
M. Venugopal, J.
O.S.A.NO.90 of 2002 is preferred by the appellant/ plaintiff as against the Judgment and Decree passed by the learned Single Judge in dismissing the suit for specific performance in C.S.No.80 of 1997 dated 04.09.2001.
2. The appellant/plaintiff has filed the suit C.S.No.80 of 1997 praying for the relief of directing the respondents/ defendants to execute the sale deed in respect of the suit property in favour of appellant/plaintiff in terms of sale agreement dated 10.07.1996.
3. The first respondent/defendant has not appeared in person or through his counsel. The second respondent/second defendant contested the matter. After contest, the learned Single Judge has come to the conclusion in the suit that the appellant/plaintiff has not proved Ex.P.1-Agreement dated 10.07.1996 as a true, genuine and valid document etc. and resultantly, held that the appellant/plaintiff is not entitled to the relief of specific performance as per Ex.P.1-Agreement dated 10.07.1996 and also held that the second respondent/second defendant is a bona fide purchaser for value without notice and dismissed the suit without costs.
4. The learned counsel for the appellant/plaintif
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