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2019 Supreme(P&H) 443

H.S.MADAAN
Inder Singh (since deceased) through LRs – Appellant
Versus
Krishna Devi – Respondent


Advocates Appeared:Mr. Rakesh Gupta, Advocate for the appellants.
Mr. Arihant Jain, Advocate and Mr.Arun Jindal, Advocate for the cross objectors/respondents No.1 to 6.

JUDGMENT

Mr. H.S. Madaan, J.:- Briefly stated, facts of the case are that defendant Inder Singh being co-sharer in the suit land situated at village Rajana entered into an agreement to sell with the plaintiffs – Mauji Ram and Hari Ram on 26.7.1997 at the rate of Rs.2,35,000/- per acre receiving a sum of Rs.1,25,000/- as earnest money; that the agreement to sell was scribed by a regular Deed Writer and attested by Sh.Raghbir Singh, resident of village Kharak Gagar; that the final date for execution of sale deed was fixed to be on or before 18.7.1997 when remaining consideration amount was to be paid; that it was also agreed that defendant set No.1 would get the suit land redeemed from the PARD Bank, Safidon before execution of the sale deed; that it was also agreed that in case defendant set No.1 failed to get the suit land redeemed and perform his part of agreement by the date fixed, then he would be liable to pay double of the earnest money received by him or in the alternative plaintiffs would have a right to get the sale deed qua the suit land executed through Court of law; that possession of the suit land was handed over to the plaintiffs at the time of entering into an agreemen
































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