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2020 Supreme(UK) 506

LOK PAL SINGH
Deepak Kapoor – Appellant
Versus
Satish Chandra Mathur – Respondent


Advocates Appeared:
For the Appellant :Piyush Garg, Advocate
For the Respondents:Yashpal Singh holding brief of Neeraj Garg, Ranjan Ghildiyal, Rajeshwar Singh and Kishore Rai, Advocates

JUDGMENT :

Lok Pal Singh, J.

1. Present First Appeal has been preferred by the appellants challenging the judgment and decree dated 31.08.2015, passed by Addl. District Judge 7th, Dehradun in O.S. no. 452 of 1994, Deepak Kapoor and another Vs. Satish Chandra Mathur and others, whereby the trial court has dismissed the suit for the relief of specific performance of contract and passed a decree for refund of money amounting to Rs. 1,57,000/- along with interest at the rate of 6 per cent per annum thereon, which was paid by the plaintiffs to the defendant no. 1.

2. Facts leading to filing of present appeal are that Defendant no. 1 (respondent no. 1 herein) executed a registered agreement to sell dated 10.07.1991 in favour of the plaintiffs (appellants herein) in respect of land bearing khasra no. 531M, measuring 1456.76 sq. mt., situated at Village Jakhan, Pargana Central Doon, District Dehradun for a total sale consideration of Rs. 8,00,000/-. An amount of Rs. 10,000/- was paid as advance. The defendant seller was to obtain permission under the Land Ceiling Act, as also Income Tax Clearance. The sale deed was to be executed by 10.01.1992. Allegedly a sum of Rs. 92,000/- was paid to the

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