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2019 Supreme(All) 573

SURYA PRAKASH KESARWANI
Mukesh Singh – Appellant
Versus
Saurabh Chaudhary – Respondent


Advocates Appeared:
Arvind Kumar Tiwari, Adv., H.N. Singh, Adv., Anil Sharma, Adv., Pramod Dwivedi, Adv.

JUDGMENT :

Surya Prakash Kesarwani, J.

Heard Sri H.N. Singh, learned Senior Advocate assisted by Sri Arvind Kumar Tiwari, learned counsel for the defendants-appellants and Sri Anil Sharma, learned counsel for the plaintiffs-respondents.

Facts

2. Briefly stated facts of the present case are that the plaintiffs-respondents filed Original Suit No.5 of 2015 (Saurabh Chaudhary and Gaurav Rawat v. Mukesh Singh, Pratap Singh, Hardev Singh, all sons of late Maharaj Singh and Smt. Sona Devi wife of late Maharaj Singh). During pendency of the suit, Smt. Sona Devi died. She was substituted by her son/heir Satyaveer Singh as defendant-appellant No.4/1.

3. The aforesaid original suit no.5 of 2015 was filed by the plaintiffs for a decree of specific performance of the registered agreement to sell dated 11.06.2014 and for a direction to the defendants to execute a sale-deed and get it registered in favour of the plaintiffs with respect to the land mentioned in the agreement, on receiving balance amount of the sale consideration of Rs. 25,00,000/- and in case of failure on the part of the defendants to comply with the conditions, the Court may execute the sale-deed and get it registered within the stip


































































































































































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