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2019 Supreme(HP) 1834

SANDEEP SHARMA
Dharamjeet Kaur – Appellant
Versus
Jagiro – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff :Mr. B.B. Vaid, Advocate.
For the Defendant :Mr. Sanjeev Kuthiala, Senior Advocate with Ms. Kamlesh, Advocate.

JUDGMENT :

Sandeep Sharma, J.

Plaintiff-Dharamjeet Kaur has instituted the present suit under the provisions of Order 7 Rule 1 read with S.26 CPC for specific performance of contract arrived at between the plaintiff and the defendant on 18.1.2014, whereby, allegedly the defendant agreed and contracted with the plaintiff to sell and transfer the ownership and possession of the land bearing Khewat Khatauni No. 48/70, Khasra No. 316/125 measuring 11-0 Bigha and Khewat Khatauni No. 170 Khasra No. 288/125, measuring 4-16 Bigha total land measuring 5-7 Bigha as entered in Jamabandi for the years 2006-07, situate in Village Mangseri, Pargana Plassi, Tehsil Nalagarh, District Solan, Himachal Pradesh by way of execution of registered sale deed in favour of the plaintiff. In the alternative, plaintiff has also prayed for payment of compensation i.e. double the amount of earnest money and also for permanent perpetual injunction restraining the defendant from alienating, transferring or creating third party interest or changing the nature of the suit land in any manner whatsoever.

2. Plaintiff averred in the plaint that the suit land is owned and possessed by the defendant, who with a view to sel

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