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2006 Supreme(MP) 211

S.L.JAIN
JAGDISH PRASAD AGRAWAL – Appellant
Versus
RAJKUMAR – Respondent


Advocates Appeared:
D.R.Vishwakarma, S.P.KHIRWADKAR,

Judgment

( 1. ) INVOKING appellate jurisdiction of this Court under Section 96 of the Code of Civil Procedure, 1908, appellants Jagdish Prasad Agrawal and Ganga Bisen agrawal have filed this appeal calling in question the correctness, legality, validity and propriety of the judgment and decree dated 4-2-1993, passed by IInd additional District Judge, Chhindwara in Civil Suit No. 61-A/88 dismissing their suit for Specific Performance of Contract.

( 2. ) THE brief facts of the case lying in a narrow compass and relevant to the decision of this appeal are apt to be dilated hereunder:-Appellant/plaintiffs filed a suit for Specific Performance of the contract of sale of a house situated at Chhindwara stating that plaintiff No. 2/appellant No. 2 is the father of appellant No. 1/plaintiff No. 1. They are the proprietors of a grain shop known as Nathmal Harchand Agrawal. One gomaram Agrawal was the adopted son of late Seth Narshinghdas Agrawal who among other properties owned a plot and a house thereon in the New Extension area, Chhindwara. Said Gomaram entered into an agreement with the plaintiffs on 18-12-1986 agreeing to sell the said suit house in favour of plaintiff No. 1 for a consider

















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