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Om Prakash vs. Isharram

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Specific Relief Act, 1963–Sec. 12–Rejection of suit for specific performance–Appreciation of–Admitted fact that the agreement pertains to loan of Rs. 35,000/-–Land in question was to be transferred in case of default–Defendant paid Rs. 22,000/- and, thereafter, promissory note was executed for remaining amount Rs. 13,000/- –Fresh agreement came into existence over the original agreement–No such condition for transfer of land was executed in promissory note–Held, suit was rightly rejected.