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2021 Supreme(HP) 136

JYOTSNA REWAL DUA
Ram lal – Appellant
Versus
Om Parkash – Respondent


Advocate Appeared:
For the Appellant :Mr. Y.P. Sood, Advocate.
For the Respondents:Mr. Dheeraj K. Vashisht and Mr. Shubham Sood, Advocates.

JUDGMENT :

JYOTSNA REWAL DUA, J.

1. Plaintiff has assailed the concurrent judgments and decrees passed by the learned Courts below dismissing his suit.

2. Facts:

2(i) Suit was filed by the plaintiff for possession through specific performance of an agreement by way of execution of sale deed of land measuring 0-9 marlas out of total land measuring 3 kanal 4 marla bearing Khasra No. 1467 comprised in Khewat No. 30 min, Khatauni No. 82 min, situated in village Kangar, Sub Tehsil Haroli, Tehsil and District Una, H.P. The foundational facts as set out in the plaint were that the plaintiff and defendants had executed an agreement to sell in respect to the above described land on 6.11.1992. Out of the total agreed sale consideration of Rs. 40,000/-, an amount of Rs.30,000/- was paid by the plaintiff to the defendants. Despite stipulation in the agreement that sale deed will be executed on or before 10.11.1993, the defendants did not execute the sale deed. Plaintiff has been ready and willing to perform his part of the contract. Hence, the civil suit with the above prayer was filed. Alternatively, plaintiff prayed for recovery of Rs. 60,000/-

2(ii) Defendants though admitted their joint ownersh

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