HARVILAS GAJADHAR PRASAD Vs. KANHAIYALAL PANNALAL
HIGH COURT OF MADHYA PRADESH
HARVILAS GAJADHAR PRASAD
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(1.) THE first respondent Kanhaiyalal had instituted a suit against the appellant and second respondent for specific performance of a contract dated 20-11-1964 whereby the defendants had agreed to sell the suit house motioned in detail in the plaint for a sum of R. 21,000 to the plain-tiff having received Rs. 3000 as earnest money on the date of the contract. The agreement of sale Ex. P-1 recites the tact that the defendants had borrowed Rs. 3000 from one Dr. Kishan Narain Saxena for the construction of the suit house after purchasing it from the previous owner of the house under registered sale-deed dated 30-7-1955. It further recites the fact that thereafter the defendants under the registered mortgage dated 4-3-1963 had borrowed Rs 7000 on the security of the said house from Dr. Kishen Narain saxena and that the house was required to be sold for payment of the said debt.
(2.) AFTER full trial, the trial Court decreed the plaintiff's claim on 8-1-1966 with costs. It ordered the defendants to execute registered sale-deed with respect to the suit house and receive the balance of consideration of Rs. 18000 from the plaintiff within the time stated in the Judgment. It further directed that In default, the registered sale-deed shall be executed by the Court
(3.) FEELING aggrieved by the said decree of the trial Court, defendant Harvilas has filed this appeal impleading the other defendant Narain Das as second respondent in the appeal.;
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