N.N.MITHAL, G.D.DUBEY
BISHAMBHAR NATH AGARWAL – Appellant
Versus
KISHAN CHAND – Respondent
( 1 ) THIS appeal has been preferred against the judgment and decree passed by Fourth Additional District Judge, Agra. The lower Court has decreed the suit of the respondents for specific performance of the contract. The defendant No. 1 has been directed to execute a sale-deed within a period of three months after receiving the amount of sale consideration and rent up to 31st October, 1974-75 as is disclosed in the compromise entered into between the parties. The defendant No. 1 was further directed to obtain permission from the District Magistrate, if necessary. It was ordered that in case defendant No. 1 failed to comply the decree, then the sale-deed would be executed through Court at the cost of the appellant. It has also been declared that after 31st October, 1975, the plaintiffs and defendants 2 to 6 are not required to pay rent or interest to defendant No. 1.
( 2 ) IT is an admitted case between the parties that the house in dispute situated at Agra belonged to the plaintiffs. The sale-deed in respect of this property was-executed by the plaintiffs in favour of defendant No. 1 on 25-4-1968. The plaintiff-respondents, however, continued to reside in this house.
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