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1979 Supreme(All) 529

DEOKI NANDAN
HAR PRATAP SINGH – Appellant
Versus
SATYA NARAIN MISRA – Respondent


Advocates Appeared:
B.L.YADAV, S.K.TANEJA

DEOKI NANDAN, J.

( 1 ) THIS is a defendants second appeal in a suit for specific performance of a contract dated 8th dec. 1952, for reconveyance of a house on payment of such sum as the court may determine.

( 2 ) THE trial court decreed the suit against the first defendant Har Pratap Singh, the first appellant in this court, directing him to execute and get registered a sale-deed of the property in suit in favour of the plaintiffs and defendants Nos. 3 to 13, on payment of Rs. 1324/- by the plaintiffs to him at the time of the execution and the registration of the sale-deed, the expenses thereof being borne by the plaintiffs. The plaintiffs were also awarded the costs incurred by them against the first defendant who was directed to bear his own costs. The first defendant was further directed to pay the amount of court-fees payable on the plaint, for the plaintiffs had been permitted to sue in forma pauperis. No time was fixed for payment of the amount of Rs. 1324/- by the plaintiffs or for the execution of the sale-deed. It was ordered that if the defendant No. 1 failed to execute and register the sale-deed, the decree will be carried into effect by the court. The copy of the decre































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