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2001 Supreme(P&H) 335

M.L.SINGHAL
Bal Kishan – Appellant
Versus
Ram Singh – Respondent


Judgment

1. Vide agreement to sell dated 11-6-96 Banwari Lal agreed to sell land measuring 17 kanal which is equivalent to 3/128 share of land measuring 726 kanal 12 marla to Bal Kishan and Jagdish Parshad for a sum of Rs.3 lacs. A sum of Rs. 1.70 lacs was received by him on 11-6-96. Sale deed was to be got registered on 27-5-97. Remaining amount of Rs. 1.30 lacs was to be paid at the time of the registration of the sale deed. Banwari Lal defendant was co-sharer in land measuring 726 kanal 12 marla. He had 3/128 share which was equivalent to 17 kanals. Banwari Lal, however, did not execute sale deed per that agreement in favour of Bal Kishan and Jagdish Parshad. Pal Kishan and Jagdish Parshad accordingly filed civil suit No.603 of 1997 against Banwari Lal in the Court of Civil Judge (junior Division), Narnaul for specific performance which was decreed exparte on 28-7-99. Banwari Lal did not execute sale deed in favour of Bal Kishan and Jagdish Parshad nor did he give possession to Bal Kishan and Jagdish Parshad. Bal Kishan and Jagdish Prashad deposited the remaining amount of Rs. 1.30 lacs in the Court. Bal Kishan put in execution on 1-12-98 for the execution of that decree in the C














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