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2014 Supreme(P&H) 843

RAKESH KUMAR GARG
Suresh Kumar – Appellant
Versus
Hari Singh – Respondent


Advocates:
Advocate Appeared
Mr. J.P. Sharma, Advocate for the appellant.

Judgment

RAKESH KUMAR GARG, J.

This is plaintiff’s second appeal challenging the judgment and decree dated 06.06.2009 of the trial Court whereby his suit for mandatory injunction directing the defendant-respondents to issue ‘No Objection Certificate’ in his favour for transfer of the vehicle in question with a further prayer for permanent injunction was dismissed. Further challenge has been laid to the judgment and decree dated 26.09.2012 of the lower appellate Court dismissing his appeal against the aforesaid order of the trial Court.

As per the pleadings, defendant No.2 (registered owner of the Jeep in question, which was registered in the office of defendant No.3) executed an agreement to sell dated 07.03.2000 (Ex.P1) in favour of defendant No.1 and by virtue of the aforesaid agreement to sell defendant No.1 became owner of the Jeep in question. Defendant No.1 further vide agreement to sell dated 23.08.2003 (Ex.P2) agreed to sell the said Jeep to the plaintiff for a sale consideration of Rs.85,000 and received a sum of Rs.50,000 as earnest money from him at the time of execution of the agreement to sell dated 23.08.2003 and delivered possession of the Jeep in question to him. Sin



















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