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2017 Supreme(P&H) 1551

ANIL KSHETARPAL
Pritam Kaur – Appellant
Versus
Sarabjit Kaur – Respondent


Advocates Appeared:
For the Appellant : Mr. S.B.S. Sobti

JUDGMENT :

ANIL KSHETARPAL, J.

1. The defendant No.1 has filed the present Regular Second Appeal against the concurrent findings of fact arrived at by the Courts below.

2. The plaintiff had filed a suit for possession by specific performance of agreement of sell dated 09.12.1992 with respect to the plot measuring 145-D. It was asserted that the defendant No.1 representing herself to be owner, had agreed to sell the house in question for a sale consideration of Rs. 3,85,000/-. The entire sale consideration was received and the possession was delivered to the plaintiff. The plaintiff claimed that she continues to be in possession in part performance of the agreement to sell dated 09.12.1992. The defendant No.1 also executed a irrevocable power of attorney dated 27.01.1993 in favour of Dalbir Kumar Sharma, Property Dealer authorising him to execute the sale deed in favour of plaintiff on behalf of defendant No.1.

3. The plaintiff had further pleaded that the defendant had maliciously filed a suit for declaration to the effect that she is owner in possession of the suit property and the plaintiff in this suit be restrained from alienating the suit property. The defendant No.1 also had ille



























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