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2011 Supreme(Ori) 208

M.M.DAS
Sushila Devi Kedia – Appellant
Versus
Gyanendra Kumar Ray – Respondent


Advocates appeared:
For Appellant: M/s. P.K. Patnaik, S.N. Senapati, A.K. Dwivedy, M.R. Sarangi & H.K. Agarwal & Ors.
For Respondent: M/s. A.K. Mishra, B.P. Samal G.S. Samantaray, S.K Rath, S.K. Rout M.R. Parida, & N. Nayak & Ors.

JUDGMENT

M.M. DAS, J.-The Appellant-Plaintiff in S.A. No.14 of 1995 filed a suit against the Respondent-Defendant for a decree for specific performance of contract seeking execution & registration of the sale deed in respect of 'B' Schedule property & a decree for eviction of the Defendant from 'A' Schedule property along with a decree for damages with regard to use & occupation of the 'A' Schedule property.

2. After pleadings were complete, the Learned Trial Court framed issues & answering the same found that the' Defendant having entered into an agreement to execute & register the sale deed in respect of the 'B" Schedule property & having failed to perform his part of the contract & finding that the Plaintiff was ready & willing to pay the balance consideration, decreed the suit for specific performance of contract & directed that the Defendant shall execute the sale deed in respect of 'B' Schedule property in favour of the Appellant-Plaintiff on receipt of the balance consideration amount of Rs.6000 within three months from the date of the decree failing which the Plaintiff is to deposit the said balance amount in the Court & get the sale deed executed & registered through Court.







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