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2007 Supreme(All) 1352

DILIP GUPTA
MOHAMMAD IBRAHIM – Appellant
Versus
MOHD. YUSUF – Respondent


( 1 ) THIS Second Appeal has been filed by the defendants for setting aside the judgment and decree dated 24th May, 1982 passed by the learned VIth Additional District Judge, Moradabad by which the appeal filed by the plaintiff was allowed and the judgment and decree dated 12th September, 1980 passed by the Trial Court was set aside and the claim of the plaintiff for specific performance of the contract was decreed and it was further directed that the defendant no. 1 will execute the sale deed in favour of the plaintiff within a period of one month after receipt of the balance amount of Rs. 500/ -.

( 2 ) ORIGINAL Suit No. 130 of 1997 was filed by Mohd. Yusuf initially against Mohd. Iliyas for specific performance of the agreement to sell dated 2nd June, 1976 and in the alternative, for recovery of Rs. 6000/- from the defendant with interest. It was stated in the plaint that the aforesaid agreement to sell dated 2nd June, 1976 was executed between the plaintiff and defendant no. 1 and the same was also registered; that the defendant had received a sum of Rs. 6000/- as earnest money towards the total consideration of Rs. 6500/- and the balance amount of Rs. 500/- was to be paid at th




























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