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2008 Supreme(P&H) 1928

RAKESH KUMAR GARG
Jarnail Singh – Appellant
Versus
Sukhwinder Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. P.P.S Duggal, Advocate.
For Respondent:Mr. Jasbir Rattan, Advocate.

JUDGMENT

Rakesh Kumar Garg, J.-This is defendants' second appeal challenging the judgment and decrees of the Courts below whereby the suit filed by the plaintiff-respondent for specific performance of agreement to sell dated 25.6.1999 and additional agreement dated 30.12.1999 executed by the appellants in favour of the plaintiff regarding suit property has been decreed and the appellants have been restrained from alienating the suit property forcibly and illegally to any other person except the plaintiff-respondent.

2. Briefly stated, the case of the plaintiff, as pleaded in the plaint is that the disputed property is owned by the defendants. The defendants entered into an agreement with the plaintiff for the sale of land measuring 19 biswas 4 biswasis vide agreement to sell dated 25.6.1999 @ Rs.50,000/-per bigha. At the time of the execution of the agreement, the respondents received Rs.28,000/-in cash as earnest money from the plaintiff. The sale deed was to be executed on or before 30.12.1999. It was further stipulated that in case the defendants failed to execute the sale deed, then the plaintiff would be at liberty to get the sale deed registered through the process of law. T
























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