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2017 Supreme(HP) 715

TARLOK SINGH CHAUHAN
Ved Prakash – Appellant
Versus
Krishan Kumar Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr.H.S.Rana, Advocate.
For the Respondents:Mr.Harsh Khanna, Advocate, Mr.Janesh Gupta, Advocate

Tarlok Singh Chauhan, J.

The plaintiffs are the appellants, who after having lost in both the learned Courts have filed this Regular Second Appeal assailing therein the judgments and decrees so passed against them.

2. The brief facts of the case are that plaintiff No.1 entered into an agreement with defendant No.1 on 17.04.2011 for purchase of land measuring 159.80 square metres, bearing Khasra Nos. 692 and 693, situate at Fingask Estate near Kali Bari Temple, Shimla, for a consideration of Rs.7,00,000/-. As per the agreement, the plaintiff issued a cheque No.669255 dated 21.04.2011, amounting to Rs.1,00,000/-, drawn on Punjab National Bank, Shimla, towards part payment, while the remaining sale consideration was agreed to be paid at the time of registration of the sale deed before the Sub Registrar, Shimla. The sale deed in terms of the agreement was to be executed within a period of two months. However, when defendant No.1 on 09.06.2011 presented the cheque for encashment, the same was dishonoured on the ground of ‘insufficient funds’. Plaintiff No.1 thereafter issued a legal





























































































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