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PETITIONER: THE ASSOCIATED HOTELS OF INDIA, LTD. AND ANOTHER
Vs.
RESPONDENT: R. B. JODHA MAL KUTHALIA.
DATE OF JUDGMENT: 23/08/1960
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. SINHA, BHUVNESHWAR P.(CJ) KAPUR, J.L. SUBBARAO, K. WANCHOO, K.N.
CITATION: 1961 AIR 156 1961 SCR (1) 259 CITATOR INFO : R 1975 SC 824 (27)
ACT: Partition of India-Creation of two Dominions, India and Pakistan-Formation of new provinces and transfer of territories-Decree passed by Federal Court of Pakistan- Whether executable in India-Evacuee laws-Whether affect such decree--The Indian Independence Act, 1947, s. 9-The Indian Independence (Legal Proceedings) Order, 1947, art. 4, cls. 1, 2, 3-Code of Civil Procedure, 1908 (V of 1908), O. 45, r. 15.
HEADNOTE: On October 2, 1946, the Associated Hotels of India Ltd., and its managing director, Mohan Singh Oberoi, appellant 1 and 2 respectively, entered into an agreement with the respondent for purchasing certain property from the latter for a price of Rs. 52,75,000 and paid Rs. 5 lacs as earnest money; but as the respondent’s title to the property was found to be defective the sale was not completed. The appellants filed a suit in the Court of Senior Subordinate judge at Lahore for the recovery of Rs. 5,10,000 which included the earnest money and interest accruing thereon, and the suit was decreed for Rs. ...