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2009 Supreme(P&H) 155

RAKESH KUMAR JAIN
Bhagwan Bai – Appellant
Versus
Chiranji Lal – Respondent


Judgment

Rakesh Kumar Jain, J.

1. This appeal is directed against the order of the Executing Court dated 14.8.2003 passed by the Civil Judge (Junior Division), Sirsa and order dated 2.11.2004 passed by the learned Addl.District Judge, Sirsa, whereby objections filed by the appellant were dismissed.

2. The case set up by the appellant is that Sohan Lal-judgment debtor (hereinafter referred to as respondent No. 2) was in possession as absolute owner of the land measuring 7 kanals 14 marlas (in short, the land in dispute) being 1/2 share of the total area of 15 kanals and 8 marlas comprised in Rectangle No. 85, Killa No. 14/2 (7-8) and 15 (8-0) situated in the revenue estate of village Sultanpuria, Tehsil Rania, District Sirsa.

3. Respondent No. 2. entered into an agreement with the objector/appellant (hereinafter referred to as the appellant) for the sale of the land in dispute @ Rs. 80,000/- per acre and executed an agreement of sale dated 31.3.1998 and had received a sum of Rs. 50,000/- towards earnest money from the appellant. Date for execution of the sale deed was fixed as 30.3.1999 but actual possession of the land in dispute was delivered to the appellant on 30.4.1998 in part p












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