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2004 Supreme(P&H) 472

M.M.KUMAR
Swaran Singh – Appellant
Versus
Balwant Singh – Respondent


Advocates Appeared:
For the Appellant :Mr. Padam Jain, Advocate.

JUDGMENT

M.M. Kumar, J. - This order shall dispose of two appeals namely, RSA Nos. 1556 and 1557 of 2004 as common questions of law and facts have been raised. Facts are referred from R.S.A. No. 1556 of 2004. Both the appeals have been filed by the defendant-appellant challenging the judgment and decree dated 19.1.2004 passed by the learned Additional District Judge, Kapurthala, partly accepting the appeal of the plaintiff-respondent. The defendant-appellant has been directed to refund earnest money amounting to Rs. 1,75,000/- with interest at the rate of 12 per cent per annum from the date of execution of the agreement when Rs. 1,50,000/- was paid, and with effect from 13.5.1999 on the amount of Rs. 1,75,000/- when further sum of Rs. 25,000/- was paid till the date of the decree. Future interest at the rate of 6 per cent per annum has also been awarded and the suit of the plaintiff-respondent for possession by way of specific performance has been dismissed.

2. Both the Courts below have found that the agreement to sell Exhibit P-1 dated 12.5.1998 is void as the defendant-appellant belongs to Scheduled Caste and was permanently barred by Section 7 of the Nazool Lands (Transfer) Rule





























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