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1997 Supreme(P&H) 1467

V.K.JHANJI
Ralli – Appellant
Versus
Satinderjit Kaur – Respondent


Judgment

V.K.Jhanji, J.

1. This is defendants second appeal directed against the judgment and decree of the Courts below whereby suit for possession by way of specific performance of sale agreement dated 2.6.1979 has been decreed.

2. Plaintiff (respondent herein) filed suit for possession by way of specific performance of sale agreement dated 2.6.1979 of land measuring 13 kanals 14 marlas situated at village Dhandari Kalan, Tehsil and District Ludhiana, on payment of Rs. 2,09,715/- as remaining sale consideration or in the alternative for the recovery of Rs. 42,000/- towards earnest money and damages thereon. Suit was filed on the plea that Gahi, Geeto and Meeto were the owners of land measuring 36 kanals 6 marlas and they entered into agreement to sell dated 2.6.1979 of land measuring 20 kanals 11 marlas for a sum of Rs. 3,35,610/- i.e. @ Rs. 27/- per sq. yard. The land was to be, sold by way of two sale-deeds, to be completed on or before 31.8.1979 and 31.12.1979. The earnest money of Rs. 21,000/- was to be adjusted in the second sale deed. The vendors were to get permission from the Prescribed Authority under the Urban Land Ceiling Act and the sale-deeds were to be executed withi
























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