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1964 Supreme(All) 52

S.S.DHAVAN, K.B.ASTHANA
BHOLANATH – Appellant
Versus
BALBHADRA PRASAD – Respondent


DHAVAN, J.

( 1 ) THIS is a plaintiffs appeal from the decree of the Additional Civil Judge of Banda dismissing his suit for the specific performance of an agreement for the sale of three houses and four shops situate in the City of Banda. The parties are residents of that city. The plaintiff Bholanath was a minor both at the time of the execution of the alleged agreement of sale and the filing of the suit. The defendant Balbhadra Prasad is admittedly the owner of the property in dispute. The plaintiff alleged in his plaint that on the 4th of March 1948 the defendant promised to his father and guardian that he would execute a sale deed of the property in one month and simultaneously executed a written agreement incorporating his promise. The plaintiff complained that the defendant afterwards went back on his promise and his father had to serve a registered notice on the first of April 1948 requiring him to execute the sale deed in terms of the agreement, but the defendant did not do so. Finally another registered notice was served on the defendant on 5th january 1951 which was also of no avail; thereupon the plaintiff filed the present suit. He asked for a decree for specific perfor










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