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1978 Supreme(All) 380

M.M.GUPTA
Govind Lal Chawla – Appellant
Versus
C. K. Sharma – Respondent


Advocates:
B. Dayal and V. Sahai, for Appellant; N.C. Upadhyaya, K.C. Saxena and R.K. Dwivedi, for Respondents.

JUDGMENT :- This second appeal has been filed by defendant Govind Lal Chawla against the decree passed by the trial court cancelling the sale deed dated 24-12-1966 executed by respondent No. 2 and Mrs. Lucas, predecessor-in-interest of respondents Nos. 3, 4 and 5 in favour of the appellant. That decree was confirmed by the Additional District Judge, Allahabad, Mrs. C. Gordon and Mrs. Lucas own house No. 34 Muir Road, Allahabad. Its corresponding old Corporation Number was 20. Both these ladies entered into an agreement for sale in favour of respondent Sri C. K. Sharma for a consideration of Rs. 17,000/- on 4-8-1966. A sum of Rs. 5,000/- was paid towards the earnest money. Some time later a further sum of Rs. 750/- was paid to these two ladies towards the earnest money. According to the agreement, the sale deed was to be executed within a period of six weeks from the date of the agreement. Subsequently on 1-12-1966 Madanlal who is a pro forma respondent, sent a notice to vendors and endorsed its copy to Sri C. K. Sharma. On 15-12-1966 the vendors in reply to notice dated 1-12-1966 refuted the allegations contained in it. They asserted that respondent Madanlal did not get the sale-de





























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