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2022 Supreme(Online)(MP) 9677

HIGH COURT OF MADHYA PRADESH
DEEPAK KUMAR AGARWAL, J
SMT. KUSUM DEVI AND OTHERS – Appellant
Versus
LAKHMICHAND THAKKAR AND OTHERS – Respondent


Advocates:
For the Appellants/Petitioners: Shri Rajiv Shrivastava
For the Respondents: Shri Prakash Chandra Chandil

Appellants have filed this appeal aggrieved by the judgment and decree dated 14.02.2020 passed by IInd ADJ Dabra in RCSA No.100007/2014 against them and in favour of Laxmichand by which learned trial Court decreed the suit of Laxmichand for specific performance.

Brief facts of the case are that on 20.07.2011, an agreement was executed between the appellants and Laxmichand for the sale of land situated at Village- Bjhera, Tehsil-Cheenor, District-Gwalior situated at Survey No.385/1/1(kha) MIN Rakva 0.418 hectare out of 1.174 hectare i.e. 2 Beegha for consideration of amount Rs.36,00,000/-. At the time of execution of agreement to sale, Rs.15,00,000/- were paid to the appellant Kusum Devi (Rs.10,00,000/- cash and Rs.5,00,000/- by chaque No.79806 of UCO Bank). The last date for execution of sale deed was fixed as 20.01.2012 and remaining amount of Rs.21,00,000/- would be paid at the time of registration of sale-deed. It was also agreed that if within the aforesaid period, appellant-Kusum Bai will not executed the sale deed by taking remaining consideration amount Laxmichand will be free to get sale deed executed through Court in which heirs of Kusum Devi will have no objection if withi

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