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2017 Supreme(P&H) 954

ANIL KSHETARPAL
Chhotu Ram – Appellant
Versus
Hem Raj Jain, (since deceased) through his LRs. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rajesh Sethi, Advocate and, Mr. Arun Biriwal, Advocate and Mr. Tushar Gera, Advocate, Mr. Vikas Kumar, Advocate, Mr. Ashok Verma, Advocate, Mr. Sapan Dhir, Advocate
For the Respondent:Mr. M.L. Saggar, Sr. Advocate with Mr. Rohit Joshi, Advocate, Mr. Sanjiv Gupta, Advocate and Mr. Gaurav Mohunta, Advocate, Mr. Saurabh Mago, Advocate

JUDGMENT :

ANIL KSHETARPAL, J.

1. By this common judgment, I shall be disposing of Civil Revision No.4934 of 2000 and Regular Second Appeal No.4769 of 2012.

FACTS:-

2. Chhotu Ram was allotted a plot No.952, Sector-8, Panchkula by Haryana Urban Development Authority vide allotment letter dated 29.04.1980. He entered into an agreement to sell with regard to the aforesaid property with Sh. Hem Raj Jain on 17.05.1980. On that day, Chhotu Ram executed an agreement to sell, a general power of attorney duly registered with the Sub-Registrar and a Will in favour of Sh. Hem Raj Jain. He disputes the written agreement to sell. However, he admits that there was an oral agreement to sell and he received payment of `9489.95 in cash and Rs. 7741/- by way of bank draft. It is further admitted that remaining amount was to be paid by Hem Raj to Haryana Urban Development Authority directly.

3. The possession of the plot was also handed over to Hem Raj Jain.

4. Chhotu Ram become dishonest and cancelled the Will as well as general power of attorney on 21.10.1980.

5. The agreement to sell provided for dispute resolution through sole Arbitrator Sh. Hans Raj Bansal. Hem Raj Jain requested the Arbitrator to reso

















































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