PRAMOD KUMAR SRIVASTAVA
VIRENDRA SINGH – Appellant
Versus
ROHIT – Respondent
Hon’ble Pramod Kumar Srivastava, J.—O.S. No. 410/2009, Virendra Singh v. Rohit and others, was filed by plaintiff for specific performance of contract. The plaint averment was that defendants had agreed to sell the 1/6th of their share of property in bhumidhari land detailed in plaint for Rs. 60,000/- and received Rs. 30,000/- as advance consideration and agreed to execute sale-deed till 28.1.2009. Two of the defendants were minor, therefore said agreement was executed on their behalf by their mother, defendant No. 5. Plaintiff has been ready and willing to perform his part of contract, who had been asking and reminding the defendant to execute sale-deed in his favour after receiving remaining consideration, and also also given legal notice for the same but defendants were not ready to execute sale-deed as agreed between parties, therefore, plaintiff had filed suit for specific performance of contract.
2. The defendants had not admitted the plaint case in their written statement and pleaded that in pretext of executing document for loan the plaintiff had fraudulently got signed documents by defendants without any consideration. Therefore, the document of registered agreemen
1999 (1) AWC 535; 1984 RD 1; (1996) 6 SCC 218 (Para 6)-Referred.
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