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Kailashi & Anr. vs. Amba Lal & Ors.

52.00 5.20

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Specific Relief Act, 1963–Sec. 16(2)–Suit for specific performance of sale agreement–Decreed–Plea of appellant-defendant that the plaintiff-respondent was not ready and willing to perform his part of agreement–Acceptability–Plaintiff avered in Para no. 4 of the plaint that he was ever ready for bearing the expenses of registry but the defendants avoided the same–His witness PW 1 also supported this version–Though there are no such averments in the affidavit filed by the plaintiff for chief examination but the same can be inferred from his chief examination and cross-examination–He exhibited the notice and its receipts–Plea raised by the appellant is not acceptable–Appeal deserves to be dismissed at the admission stage for lack of substantial question of law.