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2017 Supreme(P&H) 1596

ANIL KSHETARPAL
Karamjit Singh – Appellant
Versus
Nazar Singh – Respondent


Advocates Appeared:
For the Appellants :Mr. Pawan Kumar Mutneja, Advocate

JUDGMENT :

ANIL KSHETARPAL, J.

1. The defendants No.1 and 3 have filed the present Regular Second Appeal against the judgment passed by the trial Court, confirmed by learned First Appellate Court while deciding a suit for specific performance of agreement to sell.

2. The plaintiff-respondent No.1 namely Nazar Singh had filed a suit for specific performance of agreement to sell dated 29.10.2004 with respect to the land measuring 20 kanals 2 marlas owned and possessed by defendant No.1. It was pleaded that a sum of Rs. 1,00,000/- was paid as earnest money to the defendants-appellants. The defendants had signed agreement to sell. As per the agreement, the target date was 01.12.2005. Plaintiff was ready and willing to get the sale deed executed as per the agreement to sell dated 29.10.2004. The defendant No.1 had given power of attorney to defendant No.3 vide registered General Power of Attorney Deed dated 11.01.2005 authorizing his wife to execute the sale deed pursuant to the agreement to sell dated 29.10.2004. However, plaintiff came to know that the defendant No.3 (wife of defendant No.1) had executed two sale deeds in favour of defendant No.2 (nephew of defendant No.1) in order to ha



























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