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1975 Supreme(Ori) 88

P.K.MOHANTY, K.B.PANDA
SIMANCHAL MAHAPATRO – Appellant
Versus
BUDHIRAM PADHI – Respondent


Advocates Appeared:
G.RATH, H.G.Panda, N.C.PANIGRAHI

MOHANTI, J.

( 1 ) THIS appeal, by defendants 2 and 3, arises out of a suit for specific performance of a contract of sale dated 16-2-1967 executed by defendant No. 1 sobhabati Panigrahi in favour of the plaintiff (respondent No. 1) agreeing to sell the suit lands measuring 5. 17 acres for a sum of Rs. 7,600/ -.

( 2 ) THE plaintiff's case was that the suit lands are situated at a distance of 120 miles from Parlakhemundi where defendant No. 1 ordinarily resides. She desired to dispose of the land and requested her cousin brother Gobinda panigrahi (P. W. 5) to find out a suitable purchaser. On 16-2-1967 sine executed the deed of contract (Ex, 1-D) in favour of the plaintiff on re'ceipt of a sum of Rs. 1,000/- as earnest money and agreed to execute the sale deed by 31-3-1967; but instead of selling the lands to the plaintiff as agreed upon, she executed two sale deeds (Exhibits A-2 and B-2) in favour of defendants 2 and 3 on 17-3-1967. It was alleged that the defendants 2 and 3 are not bona fide purchasers for value and that the sale deeds in their favour were created in order to defeat the rights of the plaintiff. It was further alleged that the plaintiff was all along ready and wil

















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