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1997 Supreme(P&H) 1301

V.K.JHANJI
Rao Narain Singh (Deceased) – Appellant
Versus
Durga Devi (Deceased) – Respondent


Judgment

V.K.Jhanji, J.

1. This is plaintiffs second appeal directed against the judgment of the Court below whereby suit of the plaintiffs for possession by way of specific performance of the agreement of sale dated 21.12.1984 relating to the house in dispute has been dismissed.

2. In brief, the facts are that one Durga Devi now represented after her death by her daughter and daughters daughter (respondent (i) & (ii) herein) was the owner of the house measuring 475 sq. yards in Ballabgarh. According to the plaintiffs, she agreed to sell the house to the plaintiffs for a consideration of Rs. 2.12,000/- and in this regard, executed agreement of sale on 21.12.1984. At the time of execution of the agreement, plaintiffs paid a sum of Rs. 5,000/- as earnest money and the remaining consideration was to be paid before the Sub-Registrar at the time of Registration of the said sale-deed. In respect of half portion of the house, plaintiffs were to get the sale-deed executed and registered on or before 31.3.1985 on payment of half of the amount and for the remaining half portion, plaintiffs were to get the sale-deed executed and registered on or before 30.6,1985. It is the case of the plaintif










































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