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2019 Supreme(HP) 74

TARLOK SINGH CHAUHAN
Janki (Deleted Since Deceased) Through Her LR SH Ram Pal – Appellant
Versus
Gurdev – Respondent


Advocates:
Advocate Appeared:
Rajeev Sood, Adv., Sanjeev Kuthiala, Adv.

JUDGMENT :

TARLOK SINGH CHAUHAN, J.

1. The appellants are the defendants, who have suffered a decree at the hands of the learned trial Court and the same stands affirmed by the learned first Appellate Court vide judgment and decree dated 6.8.2014, constraining them to file the instant appeal. The parties shall be referred to as the ‘plaintiffs’ and the ‘defendants’.

2. Brief facts of the case as enumerated in the plaint are that Smt. Janki, who died during the pendency of the suit, entered into agreements with the plaintiffs for sale of land comprised in Khasra No. 41 (2-1 bighas) and 43 (4-2 bighas), Khata/Khatauni Nos. 5 min/5 min, situated in village Banehra, Pargana Dharampur, Tehsil Nalagarh, District Solan, H.P. (for short ‘Suit Land’) vide agreements dated 14.6.2007 Ex.P-1 and dated 29.6.2007, Ex.P-2, with the plaintiffs. As per agreement Ex. P-1, she agreed to sell land measuring 4 bighas 2 biswas to the plaintiffs for total sale consideration of Rs.1,64,000/- as well as vide agreement Ex.P-2, dated 29.6.2007, land measuring 2 bighas 1 biswa was agreed to be sold for sale consideration of Rs.82,000/-. It was averred by the plaintiffs that they paid Rs.1,40,000/- and Rs.12,0























































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