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1977 Supreme(MP) 1015

G.L.OZA, G.G.SOHANI
Kanhailal – Appellant
Versus
Bhura – Respondent


Advocates Appeared:
For the Appellant : S.D. Sanghi
For the Respondent: A.K. Chitlay

Short Note :

1. According to the plaintiff, when he had entered into an agreement, there was already an earlier agreement in favour of Shrikrishna defendant No.1 with a stipulation that Dinabai will execute sale-deed in favour of the person nominated by Shrikrishna and as Shrikrishna had entered into an agreement of sale of the lands in dispute in favour of the plaintiff on 16-2-1959 and in pursuance of this, agreement plaintiff was put in possession of some of the lands the plaintiff had paid Rs.5,040/- to Shrikrishna. But thereafter Shrikrishna did not fulfil the agreement by getting sale-deed executed in favour of the plaintiff and receiving the balance of the consideration. According to the plaintiff this Shrikrishna failed, to do so in spite of the notice and on the other hand he got sale-deeds executed in favour of defendants Nos. 3 to 10 from Respondent No. 14 Dinabai. The suit for specific performance, therefore, was filed. Defendants Nos. 3 to 10 who were purchasers from the defendant 2 Dinabai (Respondent No. 14) contended in their written statement that the contract between the plaintiff and defendant No. 1 Shrikrishna had come to an end and they in fact had purchased the




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