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2018 Supreme(P&H) 1508

TEJINDER SINGH DHINDSA
Harish Kumar – Appellant
Versus
Mohinder Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashwani Talwar, Advocate.

JUDGMENT :

TEJINDER SINGH DHINDSA, J.

1. This order shall dispose of RSA Nos.792 of 2017 and RSA No.888 of 2017 both titled as Harish Kumar and others Vs. Mohinder Singh and others as common issue is involved in these two connected regular second appeals.

2. Plaintiff(s), namely, Harish Kumar, Paramjit Singh and Kamal Kumar filed a suit for possession against the defendants seeking a decree of possession by way of specific performance of an agreement to sell dated 23.02.2005. Permanent injunction was also sought restraining the defendants from alienating the suit property. Vide judgment dated 03.12.2012 Trial Court denied the main relief of specific performance of the agreement to sell but partly decreed the suit directing the defendants to return the earnest money of Rs.8,25,000/- to the plaintiffs along with interest @ 8% per annum.

3. Defendants preferred civil appeal against the judgment and decree dated 03.12.2012 passed by the trial Court. Even the plaintiff(s) filed cross-objections under Order 41 Rule 22 CPC seeking modification of the judgment and decree dated 03.12.2012 to the extent that interest @ 18% per annum be awarded on the return of earnest money i.e. Rs.8,25,000/-. C



















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