RAKESH KUMAR GARG
Sunita – Appellant
Versus
Ran Singh – Respondent
Rakesh Kumar Garg, J.
1. The appellants, who were defendants No.2 to 5 before the trial Court, have filed the instant appeal challenging the judgment and decrees of the Courts below whereby suit filed by plaintiff-respondents No.1 and 2 for possession by way of specific performance of the agreement to sell in question executed by respondent No.3 (defendant No.l) was decreed.
2. Brief facts necessary for disposal of this appeal are that respondents No.l and 2 filed the present suit for specific performance of the agreement to sell dated 13.2.2004 executed by respondent No.3 in respect of the suit land by declaring judgment and decree dated 30.10.2004 suffered in favour of the appellants by respondent No.3 as null and void and not binding upon their rights alleging that respondent No.3, who was owner of suit land, entered into an agreement to sell in question for the sale of the suit land @ Rs.4,25,000/- per acre (i.e. total amounting to Rs.21,32,969/-) and received an earnest money of Rs.7,00,000/- and executed the aforesaid agreement by putting his thumb impression on the same in the presence of witnesses. The remaining amount of sale consideration was to be paid on 17.2.20
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