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2015 Supreme(All) 1481

PRAMOD KUMAR SRIVASTAVA
DHARMVEER – Appellant
Versus
SURESH CHANDRA BHARDWAJ – Respondent


Advocates:
Counsel :
Ram Kishore Pandey and Uday Prakash Srivastava for the Appellant.

JUDGMENT

Hon’ble Pramod Kumar Srivastava, J.—Original suit No. 599/2009 (Suresh Chandra Bhardwaj and another v. Dharmveer) was instituted for the relief of specific performance of contract. The plaint case in brief was that parties had executed a registered agreement to sell dated 10.10.2007, by which it was agreed between them that defendant will sell the property in suit to plaintiff for a consideration of Rs. 60,000/-; and at the time of execution of said contract, Rs. 20,000/- was received by the defendant as advance consideration. Plaintiff had b een ready and willing to perform his part of contract and had kept the amount of remaining of consideration ready for payment at the time of registration of sale-deed; but defendant had not executed the sale-deed in spite of repeated reminders and notices to him, and in spite of the plaintiff being present in Sub-Registrar office after notice for executing the registered sale-deed. Therefore, plaintiff had filed the suit for specific performance of contract of sale.

2. In original suit, defendant No. 1 Dharmveer (present appellant) appeared and filed written-statement, in which he had admitted the execution of registered agreement to s


















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