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2005 Supreme(SC) 795

ASHOK BHAN, A.K.MATHUR
HARVINDER SINGH – Appellant
Versus
PRITAM KAUR – Respondent


ORDER

1. Dayal Kaur and Pritam Kaur, two sisters were the owners of 26 kanals and 4 marl as of land comprised in Khasras Nos. 331 to 333 and 295 situated in Village Raheli, Tehsil Garhshankar, District Hoshiarpur (Punjab) (hereinafter referred to as "the suit property"). The plaintiff-appellants (hereinafter called "the appellants") filed a suit for specific performance against Pritam Kaur alleging therein that Dayal Kaur and Pritam Kaur had entered into an oral agreement of sale with them on 2-1-1990 to sell the suit property for a total sale consideration of Rs 50,000. Sale deed was to be executed on or before 11-1-1990. The entire sale consideration was to be paid at the time of the execution of the sale deed. Dayal Kaur executed the sale deed in respect of the half portion of the suit property in favour of the appellants but Pritam Kaur did not come to execute the sale deed. Pritam Kaur sold the suit property in favour of Defendants 2-5, the respondents herein, for a sum of Rs 30,000.

2. The appellants filed a suit for specific performance, which was decreed by the trial court. In appeal, the judgment and decree passed by the trial court were reversed and the suit was dismissed





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