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1973 Supreme(MP) 43

G.P.SINGH, R.K.TANKHA
NIMAR INDUSTRIAL CORPORATION PRIVATE LTD. – Appellant
Versus
MADHYA PRADESH ELECTRICITY BOARD, JABALPUR – Respondent


Advocates Appeared:
B.L.SETH, K.A.Chitale, V.S.DABIR

SINGH, J.

( 1 ) THIS is an appeal by the plaintiff whose suit for specific performance of a contract for sale was dismissed by the District Judge East Nimar, Khandwa.

( 2 ) THE plaintiff is a private limited company registered under the Indian companies Act. The defendant is the Madhya Pradesh Electricity Board constituted under the Indian Electricity (Supply) Act, 1948. The facts leading to the suit giving rise to this appeal are that M/s. Jasrup Baijnath Bahety and Sons Private Limited owned a power house, which included lands and buildings, in Khandwa town. They had acquired the. said power house from M/s. Abdul Hussain Haji Jiwaji and Co. who originally held the licence for supply of electricity. M/s. Jasrup Baijnath Bahety and Sons Private Ltd. surrendered their licence and their licence was revoked with their consent in 1954. After the revocation of the licence, the entire Khandwa power house with all its lands and buildings was purchased by the Madhya Pradush electricity Board (hereinafter referred to as the Board ). The Board paid the price which was settled by agreement. One G. D. Bagri, who was an employee of M/s. Jasrup Baijnath Bahety and Sons Pvt. Ltd. , applied to the


























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