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L.N.MITTAL
Mool Chand Mundhra – Appellant
Versus
Indu Bala – Respondent
L.N. Mittal, J. —C.M.No.5742C of 2011:
For reasons mentioned in the application, which is accompanied by affidavit, delay of 62 days in re-filing the appeal is condoned.
MAIN APPEAL
Defendant-appellant Mool Chand Mundhra having lost in both the courts below has filed the instant second appeal.
2. Respondent-plaintiff Indu Bala filed suit for specific performance of agreement to sell dated 10.8.2002 alleging that the defendant agreed to sell the suit property to the plaintiff for Rs.8,00,000 and received Rs.7,00,000 as earnest money and executed the aforesaid agreement. Possession of the suit property was also handed over to the plaintiff. Sale deed was to be executed up to 9.2.2003. Accordingly, the plaintiff remained present in the office of Sub-Registrar on 9.2.2003 for getting the sale deed executed in terms of the agreement, but the defendant did not turn up. The plaintiff approached the defendant for execution of the sale deed in terms of the agreement, but the defendant expressed inability to clear the bank loan, which had been taken by him against the suit property. Time was accordingly extended up to 1.7.2005, but again the defendant expressed inability to clear
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