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2014 Supreme(P&H) 1391

RAKESH KUMAR JAIN
Amrit Lal Vij – Appellant
Versus
Jalandhar Improvement Trust – Respondent


Advocates:
For the Appellant :Kanwaljit Singh, Senior Advocate and Ajaivir Singh
For the Respondents: O.P. Sharma

Rakesh Kumar Jain, J.

1. This petition is filed against the order dated 06.09.2012 dismissing the application filed by the plaintiff-petitioner under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (here-in-after referred to as the "CPC") to insert the ingredients of Section 16(c) of the Specific Relief Act, 1963 (herein-after referred to as the "Act") in the plaint. The plaintiff-petitioner filed a suit for possession by way of specific performance of an agreement to sell dated 09.10.1989. It is alleged that defendant No. 1 - Jalandhar Improvement Trust agreed to sell plot No. 655, measuring 1 kanal 1 marla (153 sq. ft.), situated in 110 Acre Scheme known as Guru Teg Bahadur Nagar, Jalandhar, vide allotment letter No. JIT/296 dated 18.04.1984 in the name of Jasbir Singh Chadha-defendant No. 2. It is further alleged that Jasbir Singh Chadha paid more than a sum of Rs. 61,562/- towards the price of the said plot and through his General Power of Attorney, namely, Manmohan Singh, entered into an agreement to sell with the plaintiff on 09.10.1989 and received a sum of Rs. 50,000/- on 02,06.1989. Thereafter, on request of defendant No. 2, the plaintiff paid a sum of Rs. 22,000/- on












































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