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2017 Supreme(SC) 1071

R.K.AGRAWAL, A.M.SAPRE
Suresh Kumar through GPA – Appellant
Versus
Anil Kakaria – Respondent


JUDGMENT :

Abhay Manohar Sapre, J.

1. This appeal is filed by the plaintiff against the judgment and order dated 02.05.2006 passed by the High Court of Punjab and Haryana at Chandigarh in R.S.A. No. 1522 of 2006 whereby the High Court dismissed the second appeal filed by the appellant herein and affirmed the judgment and decree dated 21.10.2005 passed by the Additional District Judge, Panchkula in C.A. No.20 of 2005.

2. The appellant is the plaintiff whereas the respondents are the defendants in the civil suit out of which this appeal arises.

3. The dispute in this appeal relates to plot No.28, measuring 1/4th acre in Industrial Area Phase-I Urban Estate, Panchkula(hereinafter referred to as “the suit land”).

4. Haryana Urban Development Authority (hereinafter referred to as “HUDA”) had allotted the suit land to one Shri Ved Prakash Kakaria in the year 1973. Thereafter Shri Ved Prakash Kakaria, on 24.04.1980, entered into an agreement with the appellant to sell the suit land to him on certain terms and conditions.

5. On 05.02.1985, Shri Ved Prakash Kakaria expired, leaving behind two sons and one daughter (respondent Nos.1 to 3) as his legal heirs. Respondent Nos.1 to 3 however, sold the
















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