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2019 Supreme(P&H) 566

RAJ MOHAN SINGH
Bhupinder Singh – Appellant
Versus
Chamkaur Singh – Respondent


Advocates Appeared:Mr.Sukhdeep Parmar, Advocate for the petitioner.
Mr.Kulbhushan Raheja, Advocate for respondents No.1 to 3.
Mr. A.S.Sobti, Advocate for respondent No.4.

JUDGMENT

Mr. Raj Mohan Singh, J. (Oral) - Petitioner has assailed the order dated 5.9.2017 passed by the Additional Civil Judge (Sr.Divn.), Nabha, whereby the application filed by the petitioner and other judgment debtors under Section 28 of the Specific Relief Act (for short ‘the Act’) for rescinding the agreement to sell dated 13.1.2006 was dismissed.

2. Suit of the plaintiffs-respondents was decreed vide judgment and decree dated 13.5.2013. Defendants were directed to execute and register the sale deed in favour of the plaintiffs on delivering possession within a period of four months from the date of judgment failing which the plaintiffs were held entitled to proceed further through agency of the Court.

3. Feeling aggrieved against the judgment and decree dated 13.5.2018 passed by the trial Court, defendants went in appeal before the lower Appellate Court. Vide order dated 16.7.2013 passed by the lower Appellate Court, operation of the judgment and decree of the trial Court was stayed till final disposal of the appeal. The appeal was ultimately dismissed by the lower Appellate Court on 5.12.2014. Decree holders deposited the remaining sale consideration on 14.12.2015. After two














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