Madhya Pradesh Court August 1967 Judgments

Harvilas Gajadhar Prasad Vs. Kanhaiyalal Pannalal and ors.

Court: Madhya Pradesh

Reported in: AIR1968MP72

Bhargava, J. 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 t...