JUDGMENT :

Hemant Gupta, J.

1. The Municipal Committee, Barwala¹[For short, the "Municipal Committee”] is in appeal against the judgment dated 1.5.2018, whereby its second appeal was dismissed arising out of a suit for mandatory injunction to execute a sale deed in respect of land measuring 55 kanals 5 marlas sought by the respondent-plaintiff.

2. The respondent-plaintiff claimed title and possession on the basis of an open auction conducted by the Sub-Divisional Officer, Hisar on 23.3.1999 @ Rs.2,32,000/- per acre after sanction was granted for auction of the land in question on 25.10.1995. The total sale consideration comes out to be Rs.15,76,150/- which was deposited with the Municipal Committee. The plaintiff thus claimed that he is a bonafide purchaser and is in possession as owner of the suit land. He deposited the remaining consideration after adjusting an amount of Rs. 4,10,000/- which was already deposited with the Municipal Committee.

3. The plaintiff asserts that the Municipal Committee had passed a resolution on 1.5.2002 to get the sale deed executed and registered. Since the sale deed was not executed, the plaintiff had allegedly served a registered notice dated 14.8.2006