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2015 Supreme(All) 1430

PRAMOD KUMAR SRIVASTAVA
TARAWATI – Appellant
Versus
RAM MURTI LAL GANGWAR – Respondent


Advocates:
Counsel :
Ram Krishna Koli for the Appellant; Ajay Kumar for the Respondent.

JUDGMENT

Hon’ble Pramod Kumar Srivastava, J.—Original Suit No. 79 of 2010, Rammurti Lal v. Smt. Tarawati, was filed for the relief of specific performance of contract. The plaint case in brief was that parties had executed registered agreement to sell dated 12.2.2009 for sale of property of defendant to plaintiff for consideration of Rs. 1 lakh; and at the time of execution of this contract defendant had received Rs. 50,000/- as advance consideration and promised to execute sale-deed within one year. But in spite of repeated reminders and legal notices of plaintiff, she had not executed sale-deed. Therefore, plaintiff had filed suit for specific performance of said contract.

2. Defendant (present appellant) had filed written-statement in original suit with pleading that she was in need of money, so on the persuasion of plaintiff for executing the documents of loan she had gone to Tehsil Pilibhit, where she was persuaded to place thumb impressions on several documents, after which she was given Rs. 5,000/- as loan. She was not read and explained the document, therefore, the registered agreement to sell in question was result of fraud played upon her by plaintiff. Defendant (present a























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