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2006 Supreme(P&H) 137

M.M.KUMAR
Sant Ram – Appellant
Versus
Brij Mohan Kaura (Deceased By L. Rs. ) – Respondent


Judgment

1. This is defendant s appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity, the Code ) challenging the view taken by the learned lower Appellate Court holding that the plaintiff-respondent No. 1 Brij Mohan Kaura (now represented by his LRs) is entitled to a decree in his favour for possession by specific performance of agreement to sell dated 28-12-1974 (Ex.P1). The aforementioned decree has been passed against the defendant-appellant Sant Ram (the vendee) and Karam Singh, defendant-respondent (the vendor, who is now represented by his L.Rs.). According to the decree, plaintiff-respondent Brij Mohan Kaura is required to pay the balance price of Rs. 40,000/- to the defendant-appellant Sant Ram within the specified period of two months. Sant Ram along with defendant-respondent No. 2 is further required to execute the sale deed in respect of the suit land in favour of the plaintiff-respondent No. 1 on the receipt of the aforesaid amount. In case of their failure, plaintiff-respondent No. 1 was to deposit the balance amount in the Court of learned Sub- Judge and the sale deed was to be executed through the Court. The expenses for registration of the




























































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