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2001 Supreme(P&H) 812

N.K.SUD
Mohinder Singh – Appellant
Versus
Karnail Singh – Respondent


Advocates Appeared:
For the Appellants :Mr. B. R. Mahajan, Advocate.
For the Respondent No. 1:Mr. Karamjit Verma, Advocate.
For the Respondent Nos. 12 to 14:Mr. V.S. Rana, Advocate.

JUDGMENT

N.K. Sud, J. (Oral) - This appeal is directed against the order of the Additional District Judge, Ludhiana, rejecting the application filed by the appellants under Order 41 Rule 21, Code of Civil Procedure, for rehearing the appeal filed on behalf of the plaintif-respondents.

2. The plaintiff-respondents had filed the suit for possession by way of specific performance of the contract of sale of land measuring 67 kanals 2 marlas or in the alternative the suit for recovery of Rs. 60,000/- as refund of earnest money and damages along with interest. The suit was decreed by the trial court vide order dated 27.2.1999 whereby the alternative prayer for recovery of Rs. 60,000/- was decreed and the petitioners were held liable to pay Rs. 60,000/- along with interest at the rate of 6% from the date of filing of the suit till the actual realisation. Respondent No. 1 filed an appeal before the Appellate Authority, Ludhiana, who vide order dated 29.7.1999 allowed the same. The judgment and decree of the trial court was modified and the appellant was held entitled to possession by way of specific performance of the agreement to sell dated 25.6.1986 regarding land measuring 67 kanals 2 ma










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