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2017 Supreme(P&H) 1489

AVNEESH JHINGAN
Goma Devi – Appellant
Versus
Mahipal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. J.P. Sharma

JUDGMENT :

Avneesh Jhingan, J.

The present regular second appeal has been filed at the behest of the defendant being aggrieved of decreeing the suit of the plaintiff for specific performance vide the concurrent judgments and decrees passed by the learned courts below.

2. For the sake of convenience, the parties are being referred to as per their original position in the civil suit.

3. The plaintiff filed a suit for specific performance of an agreement to sell dated 19.11.2011 regarding the land measuring 17 kanals 4 marlas comprising in khewat No. 404, khatoni No. 492, situated within the revenue estate of village Patikara, Tehsil Narnaul.

4. The facts, as averred in the plaint, are that the defendant agreed to sell the suit property to the plaintiff for consideration of Rs. 4,50,000/-. It was stated that the amount of Rs. 1,00,000/- was received on the day, when the agreement of sale was executed and another sum of Rs. 1,00,000/- was received by the defendant through her son on 21.01.2012. The sale deed was to be executed upto 19.11.2012. It was averred that the plaintiff was always ready and willing to perform his part of the contract but the defendant never appeared in the office of





























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