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2008 Supreme(P&H) 1339

RAKESH KUMAR JAIN
Ajit Singh – Appellant
Versus
Gurcharan Singh – Respondent


Judgment

Rakesh Kumar Jain, J.

1. This appeal has been preferred by the plaintiff against the judgment and decree dated 21.12.1993 passed by Senior Sub Judge, Kapurthala whereby his suit for specific performance was dismissed and the plaintiff was held entitled only to the alternative relief of recovery of Rs. 12,000/- against defendant No. 1 only along with interest @ 12% p.a. from the date of agreement to sell and future interest @ 6% p.a. on the principal amount from the date of the suit till realization. However, the suit against defendants No. 2 and 3 was dismissed.

2. The facts of the case are that land measuring 71 Kanals 13 Marias was allotted to defendant No. 1 by the Government of Punjab in village Jhal Thikriwala, Tehsil and District Kapurthala. Defendant No. 1 entered into an agreement of sale of the said land with the plaintiff for a consideration of Rs. 12,000/- on 18.1.1979 and had received total amount of Rs. 12,000/- at the time of execution of agreement to sell. It was provided in the agreement that the sale deed shall be executed by defendant No. 1 within a period of one month from the date he would get issued/granted Sanad of the land. It was mentioned in the pla































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