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1982 Supreme(P&H) 267

R.N.MITTAL
Bhagwan Singh (Deceased) Rep. By L. Rs. – Appellant
Versus
Nawab Mohammad Iftikhar Ali Khan – Respondent


Judgment

R.N.Mittal, J.

1. This appeal has been filed by the plaintiff against the judgment and decree of the Subordinate Judge Ist Class, Sangrur, dated 7th of August, 1971, dismissing his suit for specific performance of the agreement to sell by defendant No. 1, dated 12th of January, 1966.

2. Briefly, the case of the plaintiff is that Nawab Mohd. Iftkhar Ali khan, defendant No. 1 entered into an agreement dated 12th of January, 1966 with the plaintiff and agreed to sell land measuring 12/13 bighas situated at Malerkotla. He received Rs. 1,000/- as advance. It was further agreed that the sale deed was to be executed by defendant No. 1 before 1-3-1966 and in case he failed to do so, the plaintiff was entitled to get the same executed through the Court and to receive Rs. 5,000/- as compensation. The plaintiff further states that he has been always ready and willing to perform his part of the agreement but the defendant committed breach of the agreement and sold some land in favour of defendant No. 2, who had full knowledge about his agreement with defendant No. 1 and agreed to sell some land to defendant No. 3. Consequently, he prayed that a decree for specific performance be passed









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