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2016 Supreme(All) 713

PRAMOD KUMAR SRIVASTAVA
Gopal Ji – Appellant
Versus
Naseeran Bibi – Respondent


Advocates Appeared:
For the Appellant :Akhilesh Kumar, Narendra Bhushan Nigam, Advocates.
For the Respondent:Himanshu Shekhar, Advocate.

JUDGMENT :

Pramod Kumar Srivastava, J.

This second appeal has been preferred against the judgment of the Court of Civil Judge (S.D.), Azamgarh in original suit No. 105/2000 and judgment dated 04.02.2016 of the Additional District Judge, Court No.-8, Azamgarh in Civil Appeal No. 120/2013.

2. Original suit No. 105/2000 (Naseeran Bibi v. Gopal Ji) was filed for specific performance of contract. The plaint case in brief was that registered agreement to sell dated 25.04.1997 was executed between the parties, by which defendant Gopal Ji had agreed to sell his property in question to plaintiff Smt. Naseeran Bibi for a consideration of Rs. 3,00,000/- and had received advance consideration of Rs. 2,00,000/-. It was agreed that defendant will execute the sale-deed of this property to plaintiff within one year. But later on, defendant had not executed the sale-deed in spite of reminder, then plaintiff had sent her legal notice dated 16.03.2000 and also orally requested. The plaintiff has been ready and willing to perform his part of contract by paying remaining consideration for getting the sale-deed executed but defendant was not willing to perform her part of contract, therefore, plaintiff had














































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