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1973 Supreme(MP) 70

G.L.OZA, R.L.MURAB
THAN SINGH – Appellant
Versus
BARELAL – Respondent


Advocates Appeared:
B.D.GUPTA, H.G.MISHRA

OZA, J.

( 1 ) THIS appeal has been filed by the plaintiff-appellants against the judgment passed by the Addl. District Judge, Vidisha, in Original Suit No. 2-A of 1968 wherein the plaintiff-appellants' suit was dismissed. The plaintiff-appellants filed the present suit for specific performance of contract for sale in respect of immovable property. The contract initially was executed by Prembai (since deceased) sister of respondent No. 1 and this contract was in favour of appellant no. 1 minor through next friend his lather appellant No. 2. The properties included agricultural land and a house for Rs. 11,000/-, out of which Rs. 2,000/were paid in advance and Rs. 9,000/- were to be paid at the time of the sale. This contract was executed in writing and was registered on 25th October 1966. After the suit was filed the respondent defendants contested the suit on the ground that there was no privity of contract between him and the minor, but this plea raised by the defendant-respondent was interpreted by the learned trial Court as want of mutuality between the contracting parties as one of the contracting party was minor and on that ground applying Section 22 of the Sepcific Relief Act













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