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2005 Supreme(P&H) 917

M.M.KUMAR
Lakshmi – Appellant
Versus
Ajay Kumar – 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 District Judge, Sangrur, in his judgement and decree dated 5-10-2001 holding that the suit of the plaintiff-respondent No. 1 for specific performance of contract dated 26-10-1994 entered between the plaintiff-respondent No. 1 and defendant-appellant along with two others deserve to be decreed in favour of the plaintiff-respondent No. 1. It has further been held that Shri Om Parkash, defendant-respondent No. 4, who is one of the share holder in the suit property, could not be considered as a lunatic or a person of unsound mind. The learned District Judge has reversed the findings recorded by the trial Court in its judgement and decree dated 27-11-1998, whereby the learned trial Court had dismissed the suit of the plaintiff-respondent No. 1.

2. The case of the plaintiff-respondent No. 1 as emerges from the pleadings is that Lakshmi daughter of Daulat Ram (defendant-appellant) along with Sant Ram Chatwala son of Duni Chand (defendant-respondent No. 2), Bimla Devi daughter of Duni Chand (defendant-respondent No. 3) and Om P









































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