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1999 Supreme(HP) 181

M.R.VERMA
HARNAM SINGH – Appellant
Versus
PURBI DEVI – Respondent


Advocates Appeared:
Ravi Bakshi, for Appellants; Sanjeev Kuthiala and Baldev Singh, for Respondents.

JUDGMENT

1. This judgment shall dispose of the above appeal and the connected cross objections.

2. Brief facts leading to the presentation of the present appeal and the cross objections are that the appellants/plaintiffs (hereafter referred to as the plaintiffs) instituted a suit for possession by way of specific performance of contract dated September 14, 1984 by executing a sale deed qua 8/45 share in land comprising Khata No. 6, Khatoni Nos. 12, 13, Khasra Nos. 82 min, measuring 0-10-76, Khata No. 14 min, Khatoni No. 29, Khasra Nos. 90, 395, 397, measuring 0-47-68, total area 0-58-44, more specifically detailed in the Jamabandi for the year 1980-81, situate in Mohal Kanda, Mauza Thana Bargran, Sub-Tehsil Baroh, District Kangra (hereafter referred to as the suit land), for Rs. 22,225/- and in the alternative for the recovery of Rs. 15,750/-, i.e. Rs. 10,500/- paid as earnest money and Rs. 5,250/- as damages/interest thereon for the period from September 14, 1984 to July 14, 1985.

3. The case of the plaintiffs as made out in the plaint is that respondent/defendant Purbi Devi (here-after referred to as defendant No. 1) owns that suit land, she entered into an agreement dated September































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