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1989 Supreme(P&H) 980

G.R.MAJITHIA
Bhajan Kaur And Others – Appellant
Versus
Kanwar Devinder Singh – Respondent


Judgment

1. This revision petition is directed against the order of the learned Senior Subordinate Judge, Patiala, who rejected the objections filed by the petitioners and held that the respondent-decree holder was entitled to recover actual physical possession pursuant to the decree for specific performance passed in his favour.

2. The matrix of the case is as under :-

Capt. Chuni Lal was owner of land measuring 96 Bighas 6 Biswa. He entered into an agreement to sell this land with the respondent for Rs. 26,000.00 on September 27, 1966 through his daughter and attorney Neena Ahuja. Rs. 10,000.00 was paid as earnest money and the balance was to be paid at the time of the registration of the sale deed which was to be executed on or before February 28, 1967. The vendor did not execute the sale deed even by the extended date. The vendor entered into an agreement to sell, with the petitioners (hereinafter referred to as the judgment-debtors) on July 21, 1967 with regard to the suit land. The sale was to be executed on or before January 1, 1968.

3 The respondent (hereinafter referred to as the decree holder) filed a suit for specific performance on the basis of agreement to sell, dated S













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