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2023 Supreme(All) 646

JASPREET SINGH
Arjun Prasad – Appellant
Versus
Ganesh Prasad – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.N.Saxena, Adnan Ahmad, Arvind Kr. Sinha, K.P.Singh
For the Respondent: G.S.Nigam, Arvind Kumar Jauhari, D.P.Gupta, Madan Gopal Misra, O.P. Tiwari, P.L.Mishra, Shafat Ullah Khan, T.C.Gupta

JUDGMENT :

Jaspreet Singh, J.

1. The instant second appeal has been preferred by the defendants-appellants emanating from a suit for specific performance of contract filed by the plaintiffs-respondents, wherein the trial Court by means of the judgment and decree dated 07.04.1992 refused the decree of specific performance which was assailed before the lower Appellate Court and the lower Appellate Court by means of its judgment and decree dated 02.12.1992 has set aside the decree of trial Court and has decreed the suit for specific performance, prompting the defendants-appellants to knock the doors of this Court under Section 100 CPC.

2. The instant second appeal was admitted by the Court on 24.03.1993 on the substantial question of law as formulated in the memo of appeal, Clause A, which reads as under:-

    A. Whether the learned court below have misread and misinterpreted documents on record which renders their findings, perverse, incorrect, illegal?

3. In order to appreciate the controversy involved in the second appeal, certain relevant facts relating to the suit are being noticed hereinafter.

4. Ganesh Prasad and Satish Kumar, both minors sons of Kanhaiya Lal, through their father and

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