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2016 Supreme(All) 859

HARSH KUMAR
SHYAMA DEVI – Appellant
Versus
CHANDA DEVI – Respondent


Advocates:
Counsel :
S.K. Jauhary, Kshtij Shailendra, Murtaza Ali, S.C. Verma and Shailendra Kumar for the Appellants; Dinesh Pathak, Rakesh Dwivedi and Rakesh Pathak for the Respondents.

JUDGMENT

Hon’ble Harsh Kumar, J.—This second appeal has been filed by the defendants-appellants against the judgment and decree dated 11.12.1998 passed by Ist Additional District Judge, Farrukhabad in Civil Appeal No. 5 of 1988 (Smt. Shyama Devi and others v. Smt. Chanda Devi), arising out of judgment and decree dated 11.12.1987 passed by Additional Civil Judge, Farrukhabad in Civil Suit No. 242 of 1984 (Smt. Chanda Devi v. Shyama Devi and others) and the relief sought by this appeal is to allow the appeal and set-aside the judgment and decree passed by two Courts below and dismiss the suit of plaintiff with costs throughout.

2. The brief facts relating to the case are that Smt. Chanda Devi, widow of Pandit Suraj Prasad filed Civil Suit No. 242 of 1984 on 23.8.1984 for specific performance of contract with the contention that Smt. Bitola Kunwar @ Ram Bitoli, widow of Raghunandan Prasad was bhoomidhar of the land detailed at the foot of the plaint, with transferable rights, agreed to sell her land in favour of plaintiff for an agreed consideration of Rs. 20,000/-, executed a registered agreement for sale after receiving Rs. 5,000/- as advance sale consideration and sale-deed was agre












































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