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2018 Supreme(All) 1425

VIJAY LAKSHMI
ADGER GERALD – Appellant
Versus
KAMATA – Respondent


Advocates:
Counsel :
Ashwini Kumar Ojha and Vinod Kumar Pandey for the Appellant.

JUDGMENT

Hon’ble Mrs. Vijay Lakshmi, J.—The present second appeal has been preferred against the judgment and decree dated 16.5.2018, passed by learned Additional District Judge, Jhansi whereby the learned lower appellate Court has dismissed the Civil Appeal No. 89/2016 filed by the plaintiff/appellant against the judgment and decree dated 25.10.2016 passed by Additional Civil Judge, (Senior Division), Court No. 1, Jhansi whereby dismissing the Original Suit No. 364 of 2010, Edgar Jerald v. Kampta Prasad and others, filed by the plaintiff-appellant.

2. The plaintiff-appellant, having lost his case in both the Courts below, is now before this Court by means of this second appeal.

3. Heard learned counsel for the appellant on the point of admission and perused the available record.

4. The brief facts giving rise to this appeal are that the appellant namely Adger Gerald, filed a civil suit against one Kamta, defendant-respondent for specific performance of contract. According to the plaint averments, on 16.3.2010, an agreement to sell his three plots of land i.e. Nos. 351D, 3672G and 4220, measuring 0.522 hectares, in favour of the plaintiff was executed by the defendant Kamta, for a c





























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