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2008 Supreme(P&H) 379

RAKESH KUMAR JAIN
Shiv Charan – Appellant
Versus
Siri Ram – Respondent


Advocates:
For the Appellant:Mr. Sudhir Aggarwal, Advocate.
For the Respondents: None.

JUDGMENT

Rakesh Kumar Jain, J.:- The defendant is in Regular Second Appeal against the judgment and decree dated May 27,2000, passed by first Appellate Court, vide which the suit of the plaintiff (Siri Ram), was decreed reversing the judgment and decree dated February 15,1997, passed by the trial Court.

2. In brief, facts of the case are that the plaintiff filed a suit for specific performance alleging therein that defendant No.1 had entered into an agreement dated November 20,1986 to sell gair mumkin gatwar for a consideration of Rs. 1400/- and had received Rs. 900/- at the time of agreement. The balance amount of Rs. 500/- was agreed to be paid at the time of registration of the sale deed before the Sub Registrar, Pataudi, District Gurgaon, on September 25,1987. It was further pleaded that on September 25,1987, the plaintiff went with ready money to Tehsil Pataudi, but the defendant did not turn up. He then made an application to the Sub Registrar, Pataudi to the effect that he had come prepared for execution of sale deed, but the defendant was absent. It was claimed that he was always ready and willing to perform his part of the agreement, but defendant No.1 has avoided the execu































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