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2005 Supreme(P&H) 148

HEMANT GUPTA
Parkash Kumari – Appellant
Versus
Balwant Singh – Respondent


Judgment

Hemant Gupta, J.

1. The plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court whereby suit for specific performance of agreement dated 4.4.1966 was dismissed in appeal.

2. Defendant Harbans purchased the land in dispute measuring 112 kanals 3 marlas from the State Government for Rs. 5,600/-. Defendant Harblas was a Harijan and could not make the payment of entire sale consideration. A sum of Rs. 2000/- was treated as a grant but the remaining amount of Rs. 3,600/- was payable by half yearly instalments. It was the case; of the plaintiff that the defendant approached the plaintiff to pay the amount of Rs. 3,600/- in instalments on behalf of Harblas defendant and that Harbans agreed to transfer 1/2 of the land in favour of plaintiff. It is the case of the plaintiff that possession of land was given to him but subsequently in the year 1972 Harblas took possession of said 1/2 share. The defendant was asked many times in the year 1975 to execute the sale deed in terms of the agreement but he refused to do so and sold the land measuring 71 Kanals 5 Marias to Kulwant Singh and Balwant Singh, defendants No. 2 and 3 respe













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