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2009 Supreme(P&H) 1773

SABINA
Gopal Dass – Appellant
Versus
Sonu – Respondent


Judgment

1. Plaintiffs-respondents filed a suit for specific performance, which was decreed by the Additional Civil Judge (Sr.Divn.), Jind vide judgment and decree dated 12.5.2008. In appeal, the said judgment and decree were upheld by the District Judge, Jind vide judgment and decree dated 27.11.2008. Hence, the present appeal by the defendant.

2. Brief facts of the case, as noticed by the lower appellate Court in para Nos. 2 and 3 of its judgment, are as under:-

"2. There is a plot situated in Jain Nagar, Jind, boundaries of which are given in title of the plaint. Appellant-defendant is owner of the same. He had agreed to sell this plot vide agreement dated 6.7.2001 @ Rs. 350/-per sq. yards. As the plot was measuring 180 sq. yards, total sale price was fixed as Rs. 63,000/-. Rs. 50,000/-was paid as earnest money to the defendant in presence of the witnesses and physical possession of the plot was given to the plaintiffs. Original sale deed of the plot was also handed over by the defendant. In the month of August, 2001, Rs. 5000/- more was paid to the defendant. The sale deed was to be executed on or before 25.10.2001. The plot on measurement was found to be 155 sq. yards at the ti



























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