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1984 Supreme(MP) 759

RAM PAL SINGH
MITHU KHAN – Appellant
Versus
PIPARIYAWALI – Respondent


Advocates Appeared:
K.N.Gupta, P.W.SAHASTRABUDDHE

RAM PAL SINGH, J.

( 1 ) THE appellant-defendant has preferred this second appeal under S. 100 of the Code of Civil Procedure, against the judgment and decree passed by Additional District Judge, Vidisha, in Civil Appeal No. 10a of 1972, dated 27-6-1972.

( 2 ) THE respondent No. 1-Plaintiff filed a suit in the Court of Civil Judge, Class II, Vidisha, against the appellant and respondents Nos. 2 and 3, alleging that defendant No. 2, Paras Ram executed an agreement for sale on 5-2-1960 of his agricultural land, survey No. 545/1, named 'bada Gadha', situate in village Aharkotra, District Vidisha, for a consideration of Rs. 550/ -. This amount was paid by him in two instalments, first of Rs. 400/-and second of Rs. 150/ -. This second instalment was paid by him on 21-9-1963, for which he was given a receipt executed by respondent No. 2 Paras Ram. The plaintiff further averred that he was given the possession of the suit land. According to the plaintiff the appellant and the respondent No. 3, with full knowledge of this agreement, purchased the suit land by a registered sale deed from respondent No. 2 on 31-1-1960. Upon this, the appellant and respondent No. 3 ejected him illegally from th












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