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2016 Supreme(P&H) 1996

AMIT RAWAL
Dewan Enterprises – Appellant
Versus
S. S. V. Industries – Respondent


Advocates Appeared:
For the Appellant :Mr. Arun Jain, Senior Advocate with Mr. Sham Lal Bhalla, Advocate.
For the Respondents:Mr. Sanjiv Sharma, Advocate.

JUDGMENT :

AMIT RAWAL, J.

1. The appellant-plaintiff is aggrieved of the dismissal of the suit seeking specific performance of agreement to sell dated 23.02.1988 by both the Courts below.

2. Mr. Arun Jain, learned Senior Counsel assisted by Mr. Sham Lal Bhalla, Advocate appearing for the appellant submitted that the aforementioned suit was filed in respect of agreement to sell as mentioned above viz-a-viz plot No.184, Industrial Area, Phase1, Panchkula for a total consideration of Rs. 58,000/-, which was paid at that time. In fact, the vendor had received the entire sale consideration and also executed certain documents namely: (i) Will; (ii) Indemnity Bond; (iii) Affidavit and (iv) irrevocable General Power of Attorney. The vendor also applied to the Haryana Urban Development Authority for transfer of the plot in the name of the appellant. The required fee of Rs. 6000/- and other charges were also deposited. The Estate Officer, HUDA, without objection, referred the matter to the Chief Administrator, HUDA for onward transmission to the Director, Industries Department, Haryana. However, in the meeting held on 09.01.1989, the 2nd Line Committee rejected the case for transfer of the plot














































































































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