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2020 Supreme(Raj) 766

ARUN BHANSALI
Girdhari Singh – Appellant
Versus
Daleep Kaur – Respondent


Advocates appeared:
Mr. Amit Saraswat, for the Appellant; Mr. Mahendra Choudhary, for the Respondent

JUDGMENT

1. This second appeal under Section 100 CPC is directed against the judgment & decree dated 28.03.2019 passed by the Additional District Judge, Anoopgarh, District Sriganganagar, whereby the judgment & decree dated 13.09.2013 passed by the Civil Judge (Sr.Div.), Anoopgarh, District Sriganganagar has been reversed and the suit for specific performance filed by the respondent-plaintiff has been decreed.

2. The plaintiffs filed suit for specific performance of contract dated 27.06.1983 with the averments that the land in question ad measuring 12 Bigha belongs to Phusaram adopted father of the defendant, who entered into agreement with Pritam Singh predecessor of the plaintiffs for the land in question for a sum of Rs.48,000/-, Rs. 14,000/- were received as advance. It was agreed in the agreement that the due installments of Rs. 14,000/- would be deposited by the plaintiffs and the balance consideration of Rs.20,000/- would be received by Phusaram at the time of registration of the sale deed, the possession of the land in question was handed-over on the date of agreement. It was then indicated in the plaint that the plaintiff is ready and willing to pay the balance consideration

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