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A mortgaged his house to for the debt of rupees five lakh on 1st January, 2011. ‘A’ and ‘C’ made registered agreement on 1st November 2011 by which ‘A’ agreed to sell his mortgaged house within six months to ‘C’ for rupees thirty lakh. It was also agreed in the agreement that at the time of sale, the amount received from the sale price of house, the mortgaged money will be paid to ‘B’ by ‘A’. Afterwards the date of 25th April, 2012 was fixed for the registration of sale of house. But the sale could not take place on that date. Now ‘C’ files a suit against ‘A’ for the completion of sale of house. In that suit ‘A’ asserts that ‘C is not ready and willing to perform to complete the sale.
(a) Draft a plaint on behalf of ‘C’.
(b) Draft a written statement on behalf of ‘A’
(c) Write judgement deciding the suit. (10 marks)
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