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1986 Supreme(MP) 236

R.C.SHRIVASTAVA
DAMODARRAO – Appellant
Versus
MAINABAI – Respondent


Advocates Appeared:
R.A.Roman, R.C.LAHOTI,

JUDGMENT :

( 1. ) THE petition is for revision of an order dated 10-4-1985 whereby, in civil suit No. 33-A of 1978 instituted by the petitioners against the respondents, Second additional District Judge, Vidisha, dismissed an application for amendment of the plaint.

( 2. ) THE case of the petitioners-plaintiffs was that, on 29-6-1972, the respondents defendants entered into an agreement to sell certain fields to them for a consideration of Rs. 38,332/- out of which a sum of Rs. 5000/- was paid at the time of the agreement and the balance was agreed to be paid by 6 annual instalments commencing from 30-7-1973. The last instalment of Rs. 4,381/- payable on 30-7-1978 was to be paid before the sub-Registrar at the time of registration of the sale-deed. The term No. 7 of the agreement provided that the petitioners would not be entitled to alienate the fields or incur loan on security thereof without consent of the respondents without getting the sale-deed executed in their favour and the respondents would also not be entitled to do so. Possession of the fields was also delivered to the petitioners. The first five instalments were paid by the petitioners as per terms of the agreement. In t







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