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2019 Supreme(P&H) 1230

H.S.MADAAN
Phool Chand (Since Deceased) Through His Lrs – Appellant
Versus
Vijay Kumar – Respondent


Advocates:
Advocate Appeared:
Nupur Chaudhary, Adv., Munish Gupta, Adv.

JUDGMENT :

H.S. MADAAN, J.

1. Briefly stated, facts of the case are that plaintiffs Vijay Kumar @ Vijay Singh and his brother Deep Chand, residents of Mohalla Misharwada, Narnaul, Tehsil Narnaul, District Mahendergarh had brought a suit against defendants i.e. Phul Chand, deceased, represented through his LRs and Ram Lal, deceased, represented by his LRs seeking a decree for specific performance of contract in respect of land comprised in Khewat No.298 khatuni no.441, 441/1, 441/2 khasra no.579/1 measuring 2 biswa 10 biswansi out of total land measuring 5 biswa situated at Narnaul as per jamabandi to the extent of 1/2 share, such property being detailed in head-note of the plaint as well as in the judgment of trial Court. In the alternative the plaintiffs had sought a decree for recovery of Rs.2,26,000/-, in addition to that craving for grant of permanent injunction against the defendants restraining them from mortgaging, selling, gifting the suit land and not to interfere in the use and possession of the plaintiffs over the same. The plaintiffs had further contended that if the Court came to the conclusion that specific performance was not to be granted against defendant No.1 then a

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