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2009 Supreme(MP) 613

P.K.JAISWAL
Champat Giri – Appellant
Versus
Ramdayal – Respondent


Advocates:
K.N. Fakhruddin for appellant;
D.K. Dixit for respondents.

JUDGMENT

1. This first appeal has been filed by the defendant against the judgment and decree dated 7.4.2000 passed by First Additional District Judge, Baitul in Civil Suit No.71-A/1998, whereby the trial Court decreed the suit for specific performance of contract and permanent injunction, filed by the plaintiff-respondent.

2. Brief facts of the case are that the respondent-plaintiff filed a suit for specific performance of contract and permanent injunction on the ground that he entered into an agreement on 14.6.1997 (Ex.P-l) with the appellant for sale of an area of 1.619 hectare plus 'Aa' portion of the well and way out of total area of 2.428 hectare of survey No.266/1, Patwari Halka No.52 of village Jamathi of Tahsil Bhenshdehi District Baitul for a consideration of Rs.2 lacs. An agreement was reduced in writing on a stamp paper of Rs.50/-. At the time of execution of the agreement entire sale consideration of Rs.2 lacs was paid to the appellant. It is also alleged that at the time of execution of agreement appellant-defendant intimated that he had entered into an agreement for the purchase of a Tractor and in case he failed to pay the amount, said agreement will come to an end,









































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