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2018 Supreme(Sikk) 46

BHASKAR RAJ PRADHAN
Mahesh Kumar Trivedi, Son of late Pandit Ramagya Trivedi – Appellant
Versus
Kamala Prasad – Respondent


Advocate Appeared:
For the Appellant :Mr. A. K. Upadhayaya, Ms. Aruna Chettri, Ms. Hemlata Sharma and Mr. Sonam Rinchen Lepcha, Advocates
For the Respondent:Mr. B. Sharma, Mr. Sudhir Prasad, Advocate.

JUDGMENT :

Bhaskar Raj Pradhan, J

1. The judgment passed by the learned District Judge dated 13.09.2013 (the impugned judgment) in Title Suit No. 02 of 2010 (the suit) dismissing the suit filed by the Appellant-the Plaintiff in the suit as well as the counter-claim preferred by late Kamala Prasad-the sole Defendant in the suit has led to the Appellant as well as the Respondents-the substituted Defendants preferring R.F.A. No. 02 of 2014 and C.O. No. 02 of 2015 respectively. Both the Regular First Appeal and the Cross Objection are taken up together for disposal.

2. The Appellant had filed the suit for specific performance and consequential reliefs on 22.06.2004 against late Kamala Prasad basing his claim of ownership on a document (Exhibit-1) purportedly an agreement to sell praying for the following reliefs:

“(i) For specific performance of the contract of sale of the Schedule “A” property in favour of the plaintiff for which the defendant may be directed to execute the sale deed in respect of the Schedule “A” property in favour of the plaintiff, do the needful for registration of

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