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2000 Supreme(MP) 163

D.P.S.CHAUHAN, A.K.MISHRA
SIRMUL – Appellant
Versus
ANNAPURNA DEVI – Respondent


Advocates Appeared:
A.G.Dhande, Dinesh Choubey

ARUN MISHRA, J.

( 1 ) PLAINTIFF/appellant's suit for specific performance of contract of sale dt. 4-1-92 has been dismissed by the trial Court on the ground that the execution of agreement has not been proved. The suit was dismissed with cost. It was held that while getting two sale-deeds executed on 4-1-92 on the stamp in question signature of defendant Annapurna Devi was obtained and subsequently the agreement has been typed over it. Aggrieved by dismissal of the suit, present appeal has been filed.

( 2 ) PLAINTIFF alleged in the plaint that the defendant agreed to sell agricultural land of one acre comprised in Survey No. 852/1 on4-1-92 for a consideration of Rs. 2,30,000/ -. An amount of Rs. 80,000/- was paid on 4-1-92 as earnest money and the sale deed was to be executed by 10th April 1992, on receiving a consideration of Rs. 1,50,000/-, the remaining amount was agreed to be paid before the registrar at the time of registration of the sale deed. The plaintiff requested the defendant to receive the balance of consideration, but, she delayed the execution of the sale deed. Ultimately, registered notice dt. 8-4-1992 was served, by registered post to execute the sale deed by 10th


















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