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2004 Supreme(P&H) 437

J.S.NARANG
Surjit Singh – Appellant
Versus
Manohar Lal – Respondent


Judgment

1. Surjit Singh and Gurnam Singh plaintiff-appellants (hereinafter referred to as "the vendees") filed a suit for specific performance on the premises of an agreement to sell dated December 3, 1977 executed with one Chanan Ram defendant-respondent No. 1 who had agreed to sell the land defined in the agreement measuring 52 Kanals, 18 Marlas situated at village Salana Jeon Singhwala for a consideration of Rs. 19,000.00 per acre. The aforestated agreement was duly signed by Chanan Ram in token of acceptance of the averments contained therein and that the same has also been attested by the witnesses. Pursuant to the agreement, the sale deed was to be executed on or before 15-6-1978. The earnest money of Rs. 10,000.00 had been paid at the time of execution of the agreement and that the remaining sale consideration was to be paid at the time of registration of the sale deed before the Sub-Registrar. A stipulation is also contained in the aforestated agreement that the possession of the land, subject-matter of the agreement, shall be delivered after harvesting the Rabi crop of the year 1978. It may be mentioned that the aforestated land, at that time, was under the cultivation of























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