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1974 Supreme(MP) 111

A.P.SEN, M.L.MALIK
DAMROOLAL HARCHAND – Appellant
Versus
LAXMINARAYAN RAMANUJDAS BRIJPURIA – Respondent


Advocates Appeared:
D.M.Dharmadhikari, J.P.DWIVEDI, R.P.AGRAWAL,

JUDGMENT :

( 1. ) THE suit out of which this appeal arises was brought by the appellants, as plaintiffs, for specific performance of contract against the defendant-respondent No. 1, Laxminarayan. In the suit, they impleaded respondent no. 2, Shrimati Sumitrabai, widow of Badriprasad, as defendant No. 2, and ku. Ashabai, illegitimate daughter of Laxminarayan, as defendant No. 3. They were so impleaded in order that, in the event it was found that the contract was not enforceable against Smt. Sumitrabai, the plaintiff may get a decree for specific performance against the respondent No. 1, so far as his interest in the property in suit was concerned, with abatement of the purchase price, for partition and separate possession thereof. The 2nd Additional District Judge, Sagar, has however, dismissed the suit holding the plaintiffs to be in breach.

( 2. ) THE material facts, shortly stated, are these. By an agreement in writing dated March 23, 1967, Ex. P-1, the plaintiffs agreed to purchase and the defendant No. 1 and his father Ramanujdas agreed to sell all their right, title and interest in the property in suit, being a house in Katra Bazar, Sagar, for a consideration of Rs. 11,750, of








































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