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1971 Supreme(All) 61

K.B.ASTHANA
Guni Ram – Appellant
Versus
Kodai – Respondent


Advocates:
G.P. Mathur, Ambika Prasad, for Appellants; Sant Prakash, for Respondents.

JUDGMENT :- The suit giving rise to this appeal was for specific performance of a contract of sale of certain Bhumidhari plots. The plaintiffs-respondents alleged that on 15-6-1964 the first defendant-appellant, Guniram, executed an agreement to sell his half share in certain Bhumidhari plots and in a house for a consideration of Rs. 4000/- on receiving an earnest of Rs. 1500/- from the plaintiffs, but Guniram seemed to have changed his mind and executed a sale-deed on 10-2-1965 of the Bhumidhari plots in favour of the second defendant-respondent, Akhila Prasad. On 30-4-1965 the plaintiffs instituted the suit for specific performance of the contract. During the pendency of the suit the first defendant Guniram executed another sale-deed on 20-9-1965 in favour of the third, fourth, fifth and sixth defendants-respondents in respect of the house and they were also impleaded as defendants to the suit. It was also alleged by the plaintiffs that Rampati and Sheopati, who were the nephews of Guniram had already sold their one-half share in the properties to the plaintiffs by a sale-deed dated 30-9-1963 and the plaintiffs being desirous of acquiring full rights in the properties negotiated

























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