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1950 Supreme(All) 223

AGARWALA, P.L.BHARGAVA
SHAKUNTLA DEVI – Appellant
Versus
HARISH CHANDRA – Respondent


Advocates Appeared:
Appeal dismiss

P. L. BHARGAVA J.

( 1 ) THIS appeal arises out of a suit for specific performance of a contract for sale. The suit was instituted by the plffs.-appellants, Sm. Shakuntla Devi and Sm. Om Piari, against Harish Chandra alias Ramesh Chandra, who had executed an agreement on his own behalf and on behalf of his minor brother, Brijesh Chandra, and also against Ram Gopal, who has subsequently purchased a portion of the property covered by the agreement. The agreement is dated 25-7-1940. The suit has been dismissed by both the Courts on the ground that the agreement was vague and incapable of enforcement. Consequently, the plffs. have filed this appeal.

( 2 ) THE facts which led to the institution of the suit are these : Harish Chandra and Brijesh Chandra are the sons of Raj Kumar, who died in the year 1932, leaving two sons and a widow Sm. Brij rani. Raj Kumar was the owner of two houses, one situate in mohalla Bhoor in Bareilly and the other known as Kothi, in Ujhiani in the district of Budaun. After the death of Raj Kumar these houses came into the possession of Harish Chandra and his brother. The agreement, which is now sought to be enforced, after referring to the indebtedness of Raj K















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