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2006 Supreme(All) 2771

UMESHWAR PANDEY
PHOOL CHANDRA – Appellant
Versus
GURU PATI – Respondent


Advocates:
GULAB CHANDRA, JITAN TIWARI,

UMESHWAR PANDEY, J.

Heard learned Counsel for the appellants.

2. This second appeal challenges the judgment and decree dated 7- 7-2006 whereby the plaintiffs appeal has been dismissed and the judgment and decree of the trial Court dismissing the suit of the appellants plaintiffs has been affirmed.

3. The appellants filed a suit for permanent injunction and cancellation of sale-deed inter alia pleading this fact that the property in dispute was agreed by the defendant No. 1 for its transfer through sale and in that context a sum of Rs. 15,000/- as earnest money was paid. The agreement for sale was executed by the defendant No. 1 and possession of the property was given to the plaintiffs. Later on, in the year 1989 the defendant No. 1 had illegally transferred the disputed property in favour of the defendant Nos. 2 and 3 through a registered sale-deed and therefore, the prayer for cancellation of said sale-deed as well as for permanent injunction was made. The suit was contested by the defendant No. 1 stating that she did not execute any agreement of sale as claimed, nor did she give possession of the property in dispute to the plaintiffs. She also did not receive any sum of Rs. 15,0








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