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2018 Supreme(P&H) 435

RAMENDRA JAIN
Tarawati Yadav – Appellant
Versus
Lt. Col. (Retd. ) Dr. Mohinder Kumar Yadav – Respondent


Advocates Appeared:
For the Appellants :Mr. Vikas Bahl, Sr. Advocate, with Ms. Japneet Kaur, Advocate, and Mr. Nikhil Sabharwal, Advocate
For the Respondents:Mr. Manish Soni, Advocate

JUDGMENT :

RAMENDRA JAIN, J.

1. This judgment shall dispose of aforesaid two regular second appeals filed by purchaser-defendant No.2 against common judgment and decree dated 29.08.2016 of the First Appellate Court, affirming the judgment and decree dated 23.09.2015 of the trial Court, but with modification thereby decreeing the suit of respondent No.1-plaintiff for declaration and possession by way of specific performance in toto by accepting cross-objections of respondent No.1-plaintiff.

2. Put pithily, respondent No.1-plaintiff filed a suit for declaration and possession by way of specific performance of agreement to sell dated 01.09.2010 against appellant-Tarawati and deceased Kasturi Devi pleading that deceased Kasturi Devi had agreed to sell her 1/5th share in the agricultural land measuring 31 kanals 9 marlas situated at Village Jahazgarh, Tehsil Befi, District Jhajjar, in his favour in a total sum of Rs. 8.00 lakh, out of which Rs. 5.00 lakh was paid as earnest money. The date of execution and registration of sale deed was fixed as 01.09.2011, but prior to that date when respondent No.1-plaintiff approached Kasturi Devi for execution of the sale deed in his favour, she did not



























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