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2014 Supreme(HP) 1293

TARLOK SINGH CHAUHAN
Shyam Lal – Appellant
Versus
Gopal Chand – Respondent


ORDER :

” The plaintiff has filed this suit for specific performance of agreement to sell. It is averred in the plaint that the plaintiff is an agriculturist of Himachal Pradesh and vide agreement to sell dated 10.01.2011, the plaintiff had entered into an agreement with the defendant whereby the plaintiff had agreed to purchase and defendant had agreed to sell the land to the extent of ¾ th share measuring 11 biswas and 5 biswansis, out of total land measuring 0-15 biswas, comprised in Khewat No.537 min, Khatauni No. 868 min, Khasra No. 6613 situate at mauja Kotkandi, Pargana Rupi, Tehsil and District Kullu, as per jambandi for the year 2003-2004 (hereinafter referred to as the ' suit land” ).

2. The defendant being the owner of the suit land had agreed to sell the suit land vide agreement to sell for a total consideration of Rs.25,50,000/- and out of this consideration amount a sum of Rs.25,00,000/- has already been paid as detailed out in the agreement itself and the same had also been acknowledged by the defendant in the agreement itself. It is averred that Rs.25,00,000/- has been paid to the defendant by the plaintiff till the execution of the agreement to sell dated 10.01.2011

















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