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2011 Supreme(SC) 1147

P.SATHASIVAM, H.L.GOKHALE
Shanker Singh – Appellant
Versus
Narinder Singh – Respondent


JUDGEMENT

H.L. Gokhale J.

This appeal by special leave under Article 136 of the Constitution of India, seeks to challenge the judgment and order dated 8.4.2003 rendered by a learned Single Judge of the Punjab and Haryana High Court, in Civil Regular Second Appeal No. 1338/1983. The learned Single Judge has allowed the said second appeal by the respondent Nos. 1 and 2 (contesting respondents and original plaintiffs), who had filed a suit for specific performance of an agreement entered into with the appellant (original defendant No. 1). Although various questions of law are sought to be raised in this appeal, the relevant questions for our determination are mainly two viz. (a) whether the High Court has erred in applying the provisions of Sections 12, 14 and 20 of the Specific Relief Act 1963 (hereinafter referred as ‘the act’ for short), and (b) whether the agreement in question being vague in nature was incapable of being performed?

Facts leading to this present appeal are as follows:-

2. On 12.1.1977 the appellant herein, a resident of Village Dera Saidan entered into an agreement to sell certain property with the respondent No. 1, a resident of Dera Mainda, both villages being




















































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