1974 Supreme(All) 129
S.K.KAUL
Ganga Charan – Appellant
Versus
Bans Bahadur Singh – Respondent
Advocates:
Mohd. Hussain, for Appellant; P. C. Misra and B. A. Naqvi, for Respondents.
JUDGMENT:- Facts giving rise to this appeal may be set out at the outset. The suit was filed by respondent No. 1 Bans Bahadur Singh on the grounds that defendant Girja Baksh Singh, who was respondent No. 2 in this appeal, owned Chak No. 30 which included plots Nos. 269 and 318. The aforesaid Chak was known as Ameliya Chak No. 30. On 8-1-1965 defendant Girja Baksh Singh entered into an agreement with the plaintiff to sell the aforesaid plots for a sum of Rs. 3,100 in favour of the plaintiff. Rs. 150 were paid as earnest money and a receipt was duly executed. Thereafter, on further demand by Girja Baksh Singh Rs. 50 was paid by the plaintiff as further earnest money on 15-2-1965. Receipt of the same was also executed by aforesaid Girja Baksh Singh. Plaintiff subsequently on several occasions asked Girja Baksh Singh to execute the sale deed and accept the remaining sale consideration but Girja Baksh Singh went on delaying the matter on one pretext or the other. Ultimately, on 24-12-1967 he flatly refused to execute and register the sale deed as well as to accept the remaining sale consideration. Suit was filed on 8-1-1968 for specific performance by the plaintiff praying that Girja Ba
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