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1996 Supreme(All) 1031

A.P.SINGH
PRAG NARAYAN MOOK BADHIR VIDYALAYA SAMITI ALIGARH – Appellant
Versus
HUKAM SINGH – Respondent


Advocates Appeared:
Dilip Gupta, K.N.TRIPATHI, M.K.Gupta,

A. P. SINGH, J.

This Second Appeal by plaintiff has been filed under Section 100 of Civil Procedure Code praying for setting aside the judgment and decree, dated 6. 7. 1995 which has been passed by the VIII Additional District Judge dismissing appellants suit for specific performance of contract of sale against the defendant-respondents which had been decreed by the Additional Civil Judge, A|igarh by judg ment and decree dated 9-1-1979.

2. The facts of the case briefly stated are as follows: Appellants filed suit for specific performance of their contract of sale entered by defendant-respondents, hereafter respondents, for selling the land in suit to the plaintiffs after plaintiffs paid the remaining amount of Rs. 15,000/- to the defendants. According to appellants respondent agreed to sell plots in suit to them for a sum of Rs. 35,000/- out of which at the time of agreement a sum of Rs. 20,000/- was paid by them to respondents. Respondents were to obtain permission from authorities for transferring the land but despite permission having been ob tained by them and despite request of appel lants to execute the sale deed which was followed with notice to that effect they did not exec






































































































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