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1974 Supreme(P&H) 116

MUNI LAL VERMA
Shmt. Sarupi – Appellant
Versus
Har Gian – Respondent


Judgment

1. The brief facts giving rise to this appeal in an execution case are as under :

2. Har Gian and Ram Hans (hereinafter called the respondents) obtained a decree for specific performance of contract of sale from the Court then presided by Shri Dev Raj Khanna, Subordinate Judge First Class, Gurgaon, respecting land situate within the limits of village-Mewla Maharajpur, against Smt. Sarupi, her husband-Bhim Singh (now deceased; Mam Chand and Mam Chandi are his son and daughter, respectively) hereinafter called the appellants, who were vendors, on March 15, 1961. Ram Devi, who is the mother of Smt. Sarupi, had been impleaded pro forma defendant, being lessee of some of the aforesaid land. It was directed by the said decree that the respondents would pay Rs. 32,500.00 (hereinafter called the amount) to the appellants within one month. So, they (the respondents) deposited the amount for payment to the appellants in the trial Court on April 11, 1961. The appellants and also Smt. Ram Devi preferred appeal to this Court. On July 19, 1961, it was directed by this Court that the appellants would not be dispossessed from the land and the respondents could withdraw the amount deposited














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