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2012 Supreme(P&H) 355

L.N.MITTAL
Megh Raj – Appellant
Versus
Subhash Rani – Respondent


Advocates:
For the Appellant:Mr. Malkeet Singh, Advocate.
For the Respondents:Mr. J.S. Bandhohal, Advocate.

JUDGMENT

Mr. L.N. Mittal, J.: (Oral) - Megh Raj-plaintiff who was partly successful in the trial Court but has been completely non-suited by the lower appellate Court has filed this second appeal.

2. Plaintiff-appellant filed suit against defendant Baljinder Singh @ Barjinder Singh (since deceased and represented by respondents as his legal representatives) alleging that the defendant agreed to sell the suit land measuring 2 kanals 16 marlas to the plaintiff for Rs.32,237/- (Rupees thirty two thousand two hundred thirty seven) and received Rs.10,000/- (Rupees ten thousand) as earnest money and executed agreement dated 03.07.1996. Sale deed was to be executed within fifteen days of sanction of mutation of inheritance of defendant’s father in favour of defendant and other legal heirs. However, he kept on putting off the execution of the sale deed on one pretext or the other. Meanwhile wife of defendant filed suit for maintenance against him along with permanent injunction. In that suit, defendant initially admitted claim of the present plaintiff but later on, in connivance with his wife, refused to execute the sale deed. The said suit was dismissed as withdrawn on 27.05.2000. After w











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