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2009 Supreme(MP) 950

U.C.MAHESHWARI
AMMILAL – Appellant
Versus
KAMLA BAI – Respondent


Advocates Appeared:
A.B.Khan

Judgment

U.C.Maheshwari, J.

( 1. ) This appeal is directed by the appellants/plaintiffs under Section 100 of the C.P.C. being aggrieved by the judgment and decree dated 20.01.1994 passed by the Additional District Judge Multai,District Betul in civil regular appeal No.l5-A of 1985 reversing the judgment and decree dated 14.11.1984 passed by Civil Judge Class-I Multai in civil original suit no.90-A of 1994, decreeing the suit of the appellants for specific performance with respect of the agricultural land.

( 2. ) The facts giving rise to this appeal are that the appellants herein filed the suit for specific performance against the respondent contending that the respondent entered into an agreement with him on 4.3.1977 to sell his revenue paid land area 2.360 hectares, the part of survey no.72 described in the plaint in consideration of Rs.5,000/-. Out of which Rs.1,200/- was paid in advance at the time of execution of the same, while Rs.1,300/- was paid on 7.4.1977. As per further terms of the agreement, the registered sale deed was to be executed by the respondent after receiving the remaining consideration, up to the festival of Holi 1978. Subsequent to agreement, the appellants rema













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