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2004 Supreme(SC) 696

Dalip Singh – Appellant
Versus
MEHAR SINGH RATHEE – Respondent


( 1 ) DALIP Singh, the defendant-appellant (hereinafter referred to as "the appellant") was the owner of land measuring 69 kanals 10 marlas situated in the area of Village Bichhnari, District Gohana in the State of Haryana. He entered into an agreement for sale of the suit land on 25-5-1987 with Mehar Singh Rathee, plaintiff-Respondent 1 (for short "respondent 1") for a consideration of Rs 1,70,000. As per agreement the sale deed was to be executed on or before 25-7-1987. The appellant was required to obtain clearance certificate from the Income Tax Department for the sale of the suit land and also to get mutation of the land sanctioned in his favour before the execution of the sale deed because he had received the land through a civil court decree in Civil Suit No. 122 dated 19-3-1984 titled Dalip v. Sarti. The date for execution of the sale deed was extended by mutual agreement on 18-7-1987 to 25-8-1987.

( 2 ) IT came to the knowledge of Respondent 1 that the appellant was trying to sell the property to Respondents 2 to 4. He issued registered A/d notices dated 17-8-1987, 19-8-1987, 20-8-1987 and telegram dated 19-8-1987 calling upon the appellant to execute the sale deed in term














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