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2022 Supreme(SC) 247

M. R. SHAH, B. V. NAGARATHNA
Kirpal Kaur – Appellant
Versus
Ritesh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Tarun Gupta, AOR
For the Respondent(s): Mr. Tathagat Harshvardhan, Adv. Mr. Aditya Singh, AOR Mr. Shubham Singh, Adv.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 11.09.2017 passed by the High Court of Punjab and Haryana at Chandigarh in R.S.A. No. 2891 of 2010, by which the High Court has dismissed the said second appeal and has confirmed the judgment and decree passed by the first appellate Court, granting the relief of specific performance of the agreement to sell dated 11.02.2004, the original defendants have preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under:

    That one Gurmeet Singh, predecessor-in-interest of the defendants (husband of defendant no. 1 and father of defendant no. 2 to 4) was the owner and in possession of land admeasuring 8 kanals situated in village Nilokheri, District Karnal. That the said Gurmeet Singh executed an agreement to sell dated 11.02.2004 in favour of one Jai Parkash, predecessor-in-interest of the plaintiffs for a sale consideration of Rupees Four Lakhs. That a sum of Rupees Three Lakhs and Fifty Thousand was paid as an earnest money to the said Gurmeet Singh. The target date for execution of the sale-deed in favour of the vendee or his assignee was fixed as


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