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2016 Supreme(P&H) 677

AMOL RATTAN SINGH
Bhudevi – Appellant
Versus
Ami Lal – Respondent


Advocates:
For the Applicant-Appellant:Mr. Gorakh Nath, Advocate.

JUDGMENT

Mr. Amol Rattan Singh, J.:- Civil Misc. No.3821-C of 2016

For the reasons recorded in the order dated 05.04.2016. The application is allowed and the appeal is ordered to be restored to its original number.

Since no notice had been issued in the appeal itself, the same is taken on board today itself for arguments.

RSA No.5429 of 2014

This is an appeal filed by the defendants in a suit filed by respondent No.1 herein, seeking specific performance of a contract that he alleged was entered into by the present appellant with him on 24.08.2006, by which she (the appellant-defendant No.1) agreed to sell her 1/20th share, i.e. 4 marlas equal to 120 sq. yards of land comprising 4 kanal 0 marla, described in detail in the suit filed by her.

It was contended by the first respondent herein (plaintiffhereinafter to be referred to as the plaintiff) that as per the said agreement, the sale consideration was agreed at Rs.1,44,000/- of which the appellant-vendor received a sum of Rs.1,30,000/- at the time of agreement itself, from respondent No.2 (also defendant No.2 before the Civil Judge), who was a cobuyer alongwith the plaintiff. Thus both the present respondents, i.e. the plaintiff and


















































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