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Rohtash vs. Ramkishan

38.00 3.80

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Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Denial from granting the temporary injunction–Appreciation of–Suit for specific performance of sale agreement–Ground of defendant that his signatures were taken on blank stamp paper, purchased for execution of an affidavit–His signatures are almost at the end of the stamp paper and at a different place indicated for signatures–This fact gives a prima facie impression that the document has been transcribed on a signed stamp paper–Further, placing of “Shri Ganeshaya Namah” parallel to the “Agreement for sale of agricultural land” showing that it was done for incorporating the entire subject matter well within the same paper–Furthermore, no separate receipt has been indicated for a huge amount of Rs. eleven lakh which was claimed to be paid–Plaintiff also failed to prove his possession–Held, application was rightly dismissed.