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1963 Supreme(All) 139

S.S.DHAVAN, K.B.ASTHANA
Shree Ram – Appellant
Versus
Ratanlal – Respondent


Advocates:
Jagdish Swarup, for Appellant; G.D. Srivastava, for Respondent.

Judgement

DHAVAN, J. : This is a defendant's appeal from the decree of the First Additional Civil Judge, Meerut for specific performance of an agreement to re-convey a plot of laud. The facts are these. The plaintiff-respondent Ratan Lal alleged in his plaint that he entered into an agreement with defendant appellant Shree Ram by which he sold the plot of land in dispute for a sum of Rs. 10,000/- and the appellant agreed to reconvey it to the respondent for a sum of Rs. 15,000/- within a period of two years at the option of the plaintiff. According to the plaintiff, though the sale was executed on 31-03-1960 and the agreement to re-convey on 5th April, they formed parts of the same transaction. The plaintiff alleged that he exercised his option on or about the 6th February 1961 and asked the appellant to re-convey the laud to him but the latter did not turn up at the office of the Registrar. The plaintiff further alleged that the respondent was given a second opportunity to go to the office of the Registrar and fulfil his obligation to re-convey the land but he stayed away. The plaintiff sent the appellant a registered notice in reply to which the latter repudiated the agreement com














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