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2018 Supreme(P&H) 1908

SURINDER GUPTA
Hans Raj Tuteja – Appellant
Versus
Parwati – Respondent


Advocates Appeared:
For the Appellant :Mr. Shailendra Jain, Sr. Advocate with Mr. Nitin Jain, Advocate

JUDGMENT :

Surinder Gupta, J.

This is appeal against concurrent judgments of Courts below whereby suit filed by plaintiff-appellant for specific performance of agreement to sell dated 28.04.2000 pertaining to land measuring 12 kanals situated at Hansi and challenging the sale deed bearing no. 3639 dated 31.10.2007 executed by defendant no. 1 in favour of defendants no. 2 and 3, was dismissed.

2. Case of plaintiff, in brief, is that vide agreement dated 28.04.2000, executed by defendant no. 1-Smt. Parwati in favour of plaintiff, she agreed to sell land measuring 12 kanals for a sale consideration of Rs. 3,25,000/-. The agreement was drafted by Sh. Brij Lal Tanwar, Advocate, Bhiwani and the entire sale consideration was paid on the date of execution of agreement in the presence of witnesses. Possession of the suit land was delivered to plaintiff. No date for execution and registration of sale deed was fixed and it was left to the will of plaintiff to get the sale deed executed according to his convenience. On 16.01.2009, plaintiff served a notice on defendant no. 1 through his counsel and on receiving reply to that notice, he came to know that defendant no. 1 has already alienated the s















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