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1993 Supreme(All) 293

M.L.BHAT
INDRA PRASAD SAXENA – Appellant
Versus
CHAMAN LAL MALIK – Respondent


Advocates Appeared:
K.L.GROVER, V.K.Gupta

M. L. BHAT, J.


( 1 ) THE appellants suit for specific performance of contract of sale is dismissed by the Court below vide its judgment and decree dated 23-11-1984. The appellant has come up with an appeal against the said judgment and decree.

( 2 ) FROM the facts of the case it is revealed that an agreement of sale was executed by the respondents in favour of the appellant for sale of 200 sq. yards of land in consideration of Rs. 12,000. 00 Rs. 1,000. 00 is said to have been paid at the time of execution of the sale deed and balance was to be paid at the time of registration of the sale deed. According to the stipulations contained in the agreement respondent was to apply within one week for permission under the Urban Land (Ceiling and Regulation) Act of 1976 for transfer of the land. After the permission was granted sale deed was to be executed within two months by the defendant. It is contended by the appellant that the defendant did not apply within one week for the permission but he submitted an incomplete application much after to the concerned authorities. Said application was rejected and information of the same was conveyed to the appellant on 26-12-1982. The order rejectin


















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