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TRIPURA HIGH COURT
T. Amarnath Goud, S. G. Chattopadhyay, JJ.
Pankaj Saha v. Kajal Roy(Das)
| Table of Content |
|---|
| 1. agreement executed for land sale with disputed terms. (Para 1 , 2 , 3) |
| 2. defendant claims of hardship affecting the agreement. (Para 4 , 5 , 14) |
| 3. court considers equity in denying specific performance. (Para 7 , 10 , 17) |
| 4. arguments regarding the validity of the loan versus contract. (Para 11 , 12 , 18) |
| 5. final decision dismissing the appeal and affirming lower court's ruling. (Para 19 , 20) |
1. This appeal has been filed under S.96 of the Code of Civil Procedure, 1908 against the judgment dated 18.03.2021 and decree dated 24.03.2021, passed by the learned Civil Judge, Sr. Division, Court No.4, West Tripura, Agartala in Case No. Title Suit No.52 of 2016,
2. The facts leading to this present appeal are that the defendant - respondent of this suit had entered into an agreement executed on 01.06.2015 that the suit land measuring 0.0350 acres classified as Bastu(Nal), C.S. Plot No.3766/33223(P), Khatian No.135, Mouja - Agartala Sheet No.5 and Tahashil - Sadar West presently Bordowali would be sold out by the defendant - respondent to the plaintiff - appellant on consideration amount of Rs.37,00,000/-. As per the agreement, plaintiff - appellant had paid Rs.5,00,000/-
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