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2006 Supreme(P&H) 3341

MAHESH GROVER
Prem Raj – Appellant
Versus
Darshasna – Respondent


Advocates Appeared:
For the Appellants :Shri Shailendra Jain, Advocate.
For the Respondents:Shri R.K. Jain, Advocate.

JUDGMENT

Mahesh Grover, J. - The plaintiffs-appellants have filed the present appeal impugning the judgment and decree dated 4.9.2002 passed by Additional District Judge, Hisar (hereinafter described as the lower Appellate Court) whereby the judgment and decree dated 24.7.1999 rendered by Civil Judge (Junior Division), Hisar (hereinafter referred to as the trial Court) was set aside.

2. Briefly, the facts of the case are that one Khairati Lal (arrayed as defendant No. 1 in the suit and now represented by his legal heirs) executed an agreement to sell dated 13.9.1989 regarding the suit land for a sum of Rs. 3,06,500/-. According to the terms of the agreement, the sale deed was to be executed by 25.6.1990. A sum of Rs. 1,00,000/- was paid as earnest money and the rest of the amount was to be paid at the time of execution of the sale deed (Rs. 50,000/- were paid on 13.9.1989 and Rs. 50,000/- were paid on 9.10.1989). Khairati Lal defaulted in carrying out his part of agreement and on 12.6.1990 when he was threatening to sell the suit land to some other persons, the appellants filed a suit for permanent injunction against him, Sheo Lal and Birbal (arrayed as respondent Nos. 7 and 8 herei
























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