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1983 Supreme(MP) 448

M.D.BHATT
Jainendra Kumar – Appellant
Versus
Kailash Chand – Respondent


Advocates Appeared:
Y.S. Dharmadhikari for appellants;
Y.K. Munshi for respondent.

JUDGMENT

M.D. Bhatt, J.-This is the defendants appeal against the trial Court's judgment and decree for specific performance, whereby, the defendants No.1 and 2 had been directed to execute the registered sale-deed in the plaintiff's favour, on receipt of sale-consideration of Rs. 12,000/-.

2. The defendants Jainendra Kumar, Rajendra Kumar, Vijay Kumar, Ashok Kumar and Rishabh Kumar (defendants No.1, 2, 4, 5 and 6 respectively) are the sons of the defendant No. 3 Tekchand. It is no longer in dispute that the defendants No.1 and 2. vide agreement Ex. P-1 dated 6-12-73, had contracted to sell 7.55 acres of land out of Kh. No. 562 (old Kh. No. 664 village-Mokalpur) for sale-consideration of Rs. 19,000/- after having already received the earnest money of Rs. 7,000/- at the time of execution of the agreement.

3. It is also not in dispute that the defendant No.3 Tekchand and his uncle Bhaiyalal had jointly executed the registered sale-deed Ex. P-3 dated 25-5-56 in favour of Tekchand's two minor sons Jainendra and Rajendra (defendants No.1 and 2) through their maternal uncle Rajaram with respect to old Kh. No. 664 (present Kh. No. 562) area 8.55 acres and old Kh. No. 558 area 0.30 acres, tot














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