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2008 Supreme(P&H) 675

NIRMAL YADAV
Veena Goyal – Appellant
Versus
Raj Kumar Mittal – Respondent


Advocates:
For the Appellants:Mr. Sanjiv Bansal, Advocate.
For the Respondent:Mr. M.L. Sarin, Sr. Advocate with Mr. Kabir Sarin, Advocate.

JUDGMENT

Nirmal Yadav, J.:- This is defendants’ regular second appeal against the judgment and decree dated 26.08.2006 passed by the Additional Civil Judge (Senior Division), Panchkula, allowing the respondent/plaintiffs suit for possession of plot No.601, Sector 16, Panchkula by way of specific performance of contract, and the judgment and decree dated 27.01.2007 passed by the Additional District Judge, Panchkula whereby the verdict of the trial Court has been affirmed.

2. Brief narration of facts is that Smt.Veena Goyal appellant No.1/defendant No.1 entered into an agreement dated 01.05.1987 with Raj Kumar Mittal, respondent/plaintiff to sell plot No.601, Sector 16, Panchkula for a consideration of Rs.1,52,000/- and received Rs.5,000/- as earnest money. As per agreement, the sale deed was to be executed in favour of the plaintiff by the defendant on or before 31.05.1987 or within 15 days from the receipt of documents mentioned therein. The balance amount was to be paid at the time of execution and registration of sale deed. It was further agreed between the parties that in case defendants back out from the agreement, the plaintiff would have a right to get the sale deed executed in









































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