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1996 Supreme(All) 1079

A.P.SINGH
SARDAR – Appellant
Versus
RAM KHILAUNA – Respondent


Advocates Appeared:
G.N.Sharma, JANARADAN SAHAI, MURLIDHAR, RUDESHVARI PRASAD

A. P. SINGH, J.

( 1 ) TWO set of suits, one by respondents being suit No. 58 of 1969 which was filed by Ram Khilauna, Charni, Rathi, since deceased represented by legal representatives, hereafter called convenantees the term which has throughout been used by the Courts below as well, Covenantees sought the relief of specific performance of an agreement of sale against Ram Khilari and Nihal Singh, hereinafter addressed, like before by Courts below, as vendors. The case as set up by them was that vendors had entered into an agreement of sale with them in respect of Chak No. 92 measuring 23. 83 acres, which is the land in suit, on 19. 4. 69 for a sum of Rs. 14,000/- out of which vendors accepted a sum of Rs. 12,000. 00 as earnest money as advance payment of the price of the land settled between covenantees and vendors. In pursuance of the said agreement covenantees were put in possession over the land in suit and they put a hut on it and sowed sugarcane crop in one acre but on 7-5-69 the vendors sold the same land (land in suit) to Sardar and Sher Singh, hereinafter called as vendees for a sum of Rs. 15,000. 00 though the vendees know of the agreement of the sale between the covenantee


































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