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2024 Supreme(SC) 555

ABHAY S. OKA, SANJAY KAROL
Maharaj Singh – Appellant
Versus
Karan Singh (Dead) Thr. Lrs. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Vanshdeep Dalmia, AOR
For the Respondent(s): Mr. Sumit Kumar, AOR Mr. Jatinder Kumar Bhatia, AOR

JUDGMENT :

Abhay S. Oka, J.

This appeal is at the instance of the original third, second, and fourth defendants. The first and second respondents are the original plaintiffs. The third respondent is the mother of the deceased original first defendant. For convenience, we are referring to the parties according to their status in the suit.

FACTUAL ASPECT

2. Reference to a few factual aspects will be necessary. The first defendant executed a registered agreement for sale dated 7th December 1981 by which he agreed to sell his Bhumidhari land measuring 2.90 acres of Khasra no. 48 (for short, 'the suit property') at village-Jauniwala, Tehsil-Kashipur, District-Nainital in favour of the plaintiffs for the consideration of Rs. 20,300/-. There was a recital in the registered agreement dated 7th December 1981 (for short, 'the suit agreement') that the first defendant had received a sum of Rs. 7,000/- as advance and the balance consideration was payable at the time of execution of the sale deed. The first defendant agreed to execute the sale deed within three years from the date of the suit agreement. According to the plaintiffs' case, requests were made orally and by sending notices to the first

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