R.K.AGRAWAL, A.M.SAPRE
Gurnam Singh(D) Thr. Lrs. – Appellant
Versus
Gurbachan Kaur(D) By Lrs. – Respondent
JUDGMENT
Abhay Manohar Sapre, J.
1) Leave granted.
2) This appeal is filed by the legal representatives of defendant Nos. 2 and 4 against the final judgment and order dated 18.05.2012 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Regular Second Appeal No. 1148 of 1985 whereby the High Court allowed the plaintiff’s appeal, set aside the concurrent findings of the Trial Court and the First Appellate Court and decreed the plaintiff’s suit for specific performance of contract against the defendants in relation to the suit land.
3) The facts of the case lie in a narrow compass so also the controversy involved in the appeal is short. However, only relevant facts to appreciate the question involved are mentioned infra.
4) One Surjan Singh(defendant No.1) was the original owner of the suit land bearing Khasra Nos. 1806, 1807, 1808 and 1809 (new numbers 91R/2/3, 12, 9, 10, 11, 90R/6 and 15) measuring 43 Kanals 4 Marlas situated in village Rasulpur, Tahsil/District Amritsar (hereinafter referred to as "the suit land”).
5) On 06.05.1974, Surjan Singh entered into a contract to sell the suit land to one Gurbachan Kaur(plaintiff) for Rs.10,000/-per Killa. In terms of the cont
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