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VIKRAM AGGARWAL
Uma Sharma – Appellant
Versus
Baleshwar Dayal – Respondent
| Table of Content |
|---|
| 1. defendant's appeal against previous judgment. (Para 1) |
| 2. plaintiffs' claim for specific performance established. (Para 2) |
| 3. defendant's objections regarding maintainability. (Para 3) |
| 4. trial court's issues outlined. (Para 4 , 5 , 10) |
| 5. trial court's findings on specific performance and limitation. (Para 6 , 7) |
| 6. appellate court's conclusions and questions of law. (Para 8 , 12 , 13 , 15) |
| 7. court's analysis of agreements and limitations. (Para 14) |
| 8. final decision on the question of limitation. (Para 16) |
| 9. conclusion: appeal success; suit dismissed. (Para 17) |
Judgment
Mr. Vikram Aggarwal, J.:- This is defendant’s appeal against the judgment and decree dated 17.05.2011 passed by the Additional District Judge, Faridabad vide which the appeal filed by the respondents-plaintiffs was allowed, judgment and decree dated 16.03.2010 passed by the Additional Civil Judge (Senior Division), Faridabad was modified and the suit for specific performance filed by the respondents-plaintiffs was decreed. For the sake of convenience, parties shall be referred as per their original status.
2. The plaintiffs instituted a suit for specific performance of agreement to sell dated 04.12.199
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