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1990 Supreme(All) 635

N.N.MITHAL, G.D.DUBEY
SATYA PRAKASH GOEL – Appellant
Versus
RAM KRISHAN MISSION – Respondent


Advocates Appeared:
A.B.SARAN, K.K.MISHRA, L.P.JAITHANI, Palok Basu, R.P.GOEL, S.P.SRIVASTAVA

G. D. DUBE, J.

( 1 ) THE plaintiff has preferred this appeal against the judgment and decree of the Civil Judge, Dehradun dismissing the suit for specific performance of the contract entered into between the appellant and the respondent No. 1 and for possession of the property in dispute.

( 2 ) THE appellant has alleged that the respondent No. I had decided to sell the property in dispute by its resolution No. 8 dated 27-2-1975 and authorised respondent No. 2 to sell the property in dispute and entered into an agreement for the said purpose. The respondent No. 2 had met and informed the appellant in the second week of June. 1976 that he was intending to sell the property in suit. The plaintiff had, therefore, made his offer to purchase the property for Rupees 67,100/ -. The respondent No. 2 had accepted the offer of sale of the property on as it is basis with all litigation involved in the said property. It was alleged in the plaint that in this way there was concluded contract between the parties in respect of the property in dispute. The plaintiff-appellant had gone to Sri R. K. Sinha, Advocate of respondent No. 2 to get the draft of agreement executed between the contracting par
































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