ABHAY S. OKA, SANJAY KAROL
Maharaj Singh – Appellant
Versus
Karan Singh (Dead) Thr. Lrs. – Respondent
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
B. Vijaya Bharathi v. P. Savitri & Ors.
Chandnee Widya Vati Madden v. C.L. Katial [AIR 1964 SC 978 : (1964) 2 SCR 495] [Para 18]
Krishnabai Bhritar Ganpatrao Deshmukh v. Appasaheb Tuljaramarao Nimbalkar & Ors.
Motilal v. Nanhelal [AIR 1930 PC 287 : (1930) 57 IA 333] [Para 18]
Rojasara Ramjibhai Dahyabhai v. Jani Narottamdas Lallubhai and another
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