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2017 Supreme(P&H) 458

AMOL RATTAN SINGH
Kanwar Singh – Appellant
Versus
Samey Singh (deceased) through his legal representatives – Respondent


Advocates Appeared:
For the Appellants : Mr. Vivek Khatri
For the Respondents: Mr. Chander Hans Yadav

JUDGMENT :

Amol Rattan Singh, J.

This is the second appeal of the defendants in a suit filed by the respondents-plaintiffs, seeking possession of the suit property by way of specific performance of a contract shown to have been entered into on 20.06.2008 between the parties.

The facts, as taken from the judgments of the Courts below, are that the plaintiffs claimed that the four defendants (only three of them having filed the present appeal), were owners in possession of a half share of land measuring 2 kanals, comprised in khewat no.359, khatoni no.400, khasra no.377, situate in the revenue estate of village Kheri Khummar, Tehsil and District Jhajjar.

The defendants had agreed to sell the suit land to the plaintiffs and the proforma defendant (no.5), Om Parkash, for a consideration of Rs.10,00,000/-, vide the aforesaid agreement of sale dated 20.06.2008.

It was further contended that the total consideration having been paid and possession of the suit land also having been delivered to the plaintiffs, the sale deed was to be executed within fifteen days of a written notice issued to that effect.

The plaintiffs further contended that they had always been ready and willing to perform their























































































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