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2018 Supreme(P&H) 418

ANIL KSHETARPAL
Ashok Kumar – Appellant
Versus
Purshottam Bansal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.C.B.Goel, Advocate
For the Respondent:Mr.Vikram Singh, Advocate and Mr.Abhinav Sood, Advocate

JUDGMENT :

ANIL KSHETARPAL , J.

1. Defendants-appellants are in the regular second appeal against the concurrent findings of fact arrived at by the courts below while decreeing the suit for possession by way of specific performance of three agreements to sell (two agreements to sell dated 14.11.2006 and third one dated 15.11.2006) between the same parties.

2. The execution of the agreements and receipt of earnest money are not in dispute between the parties. The only issue, which was contested before the courts below was that on the extended target date, i.e. 12.6.2007, (whereas as per agreement to sell, the target date was 15.5.2007), the plaintiff had not come present to execute the sale-deeds, whereas it is the case of the plaintiff that he visited the office of the Sub Registrar, where sale-deed was to be executed and registered but the defendants did not come forward to execute and register the sale deeds. However, both the parties got their respective affidavits attested from the office of Sub Registrar on 12.6.2007, that is the extended target date to prove their respective presence in the premises of the office of Sub Registrar.

3. As per the agreement to sell, the defendants-a


















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