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1996 Supreme(MP) 618

R.S.GARG
Dulari – Appellant
Versus
Chooramani – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Ku. Tripti Kohli, Advocate
For Respondents/Defendant:R.K. Pande, Advocate

JUDGMENT

R.S. Garg, J.

1. The plaintiff who was successful in the trial Court was non-suited in the appeal, therefore has preferred this appeal u/s 100 C.P.C.

2. The appeal was admitted on 10.2.87 on the following substantial question of law :-

Whether the sale-deed Ex. P-1 dated 27.4.74 passes a valid title to the appellant.

3. The brief facts which are almost not in dispute are that defendant Choormani executed a sale-deed Ex. P-1 on 27.4.74 and thereunder transferred the suit house well described in plaint para 1 after receiving Rs. 2000/- and the same day i.e. 27.4.74 the plaintiff Dularibai executed an agreement for reconveyance in favour of the defendant that if the amount of Rs. 3500/- with interest in paid to the plaintiff within the period of one year thenshe would transfer the property in favour of the defendant. Agreement Ex D-1 states that the house has been purchased for a sum of Rs. 2000/- and the defendant has taken a loan of Rs. 1500/- on 17.4.74. The total amount of Rs. 3500/- with interest of 3% p.m. if was paid by the defendant to the plaintiff within the period of one year then the plaintiff would reconvey the house in favour of the defendant and if the said amount i










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