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2017 Supreme(P&H) 2812

ANIL KSHETARPAL
Thakur Rajeev Singh – Appellant
Versus
Yoginder Kumar Sood – Respondent


Advocates:
For the Appellant:Mr. Anupam Gupta, Senior Advocate, with Mr. Bhavnik Mehta, Advocate.
For the Respondent (s):Mr. Akshay Bhan, Senior Advocate, with Mr. Gaurav Chopra, Advocate and Mr. Santosh Sharma, Advocate and Mr. Rohit Sud, Advocate.

JUDGMENT

Mr. Anil Kshetarpal, J.:- By this common judgment, I shall be disposing of RSA No.2455 of 2003 and RSA No.4967 of 2014. The facts are being taken from RSA No.4967 of 2014.

2. Plaintiff is in appeal against the concurrent findings of fact arrived at by the Courts below.

3. Detailed facts have been noticed by the Court, however, to complete the narrative some brief facts are being noticed.

4. Plaintiff filed a suit for specific performance of the agreement to sell dated 10.03.1994. It was pleaded that out of total earnest money of Rs.30,00,000/-, Rs. 10,00,000/- was paid to defendants no.1 and 2 and land measuring 2 kanals 13 marlas and 12 sq. feet area comprised in plot nos. 7 and 8 was agreed to be sold. It was pleaded by the plaintiff that the target date for execution and registration of the sale deed was 24.09.1994. The suit for specific performance of the agreement to sell was filed on 23.09.1994. Plaintiff had further pleaded that another sum of Rs.14,00,000/- was paid to defendant nos.1 and 2.

5. Defendants contested the suit. The execution of the agreem


































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