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1997 Supreme(All) 1033

OM PRAKASH, B.K.SHARMA
KRISHNA KUMAR KARTA OF H U F HEIRS AND LEGAL REPRESENTATIVE OF BISHAMBHAR NATH AGARWAL – Appellant
Versus
KISHAN CHAND – Respondent


Advocates Appeared:
A.R.B.Kher, K.S.CHAUDHARY, MURLIDHAR, R.R.AGRAWAL, Ratnakar Bharti, SWAMI DAYAL, V.K.Chaturvedi,

B. K. SHARMA, J.

Heard Counsel for the parties.

2. This is an appeal against the judgment and decree dated 15-4- 1983 passed by Sri C. P. Singh, IVth Additional District Judge, Agra in Original Suit No. 439 of 1975, Kishan Chand and others v. Bishambhar Nath Agrawal and others, whereby he had decreed the suit for specific performance of contract and directed the defendant No. 1-appellant Bishambhar Nath Agrawal to execute sale-deed within a period of 3 months on get ting the amount of sale consideration and rent upto 31-10-1975. He was also directed to obtain requisite permission from the District Magistrate, if necessary. It was further directed that in case Bishambhar Nath Agrawal would not comply with the decree within the period aforesaid the plaintiffs-respondents would be free to get sale-deed executed through court at the cost of Bishambhar Nath Agrawal. It was declared by the decree that after 31-10-1975, the plaintiffs-respondents 1-4 and defendant No. 2 to 6 (present respondent Nos. 5 to 9) were not liable to pay rent or interest to Bishambhar Nath Agrawal, defendant No. 1-appellant.

3. The present suit was brought for specific performance of the agreement to reconvey hou













































































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