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2007 Supreme(P&H) 2020

PERMOD KOHLI
Ajay Enterprises Ltd. – Appellant
Versus
Sunder Dass – Respondent


Advocates:
For the Appellant:Mr. A.M. Punchhi, Advocate.
For the Respondent:Mr. C.B. Goel, Advocate.

JUDGMENT

Permod Kohli, J.:- This judgment will dispose of R.S.A. Nos.3403 to 3405 of 2003 which arise out of judgments and decrees dated 07.01.2000 and 03.12.2002 passed by the Civil Judge (Jr. Division), Gurgaon and the District Judge, Gurgaon, respectively.

2. Plaintiff/appellant herein has suffered impugned judgments and decrees on account of its own lapse of not producing any evidence in the cases. Plaintiff filed three suits for possession by specific performance in the trial Court. Civil Suit No.175 of 1995 was instituted in respect to land measuring 16 kanals. Suit No.174 of 1995 was for land measuring 14 kanals and suit No.173 of 1995 was for land measuring 15 kanals. It is alleged that defendant No.1 executed three agreements to sell, all dated 01.04.1994. In each case the sale considerations were fixed at Rs.7,20,000/-. An amount of Rs.72,000/­ was paid as advance against each transaction against proper receipts. Suit for possession by specific performance was filed in the trial court on the basis of an agreement to sell dated 01.04.1994. It has been alleged in the plaints filed in all the suits that defendant No.1 agreed to sell the plots of land detailed in the plaints f



















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