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2018 Supreme(P&H) 3823

AMIT RAWAL
Smt Kishno Bai – Appellant
Versus
Gian Singh – Respondent


Advocates Appeared:
Davinder Singh Khurana and Mr. Hemender Goswami, Advocates, for the Appellant; R.K. Kakkar, Advocate, for the Respondents

JUDGMENT

Amit Rawal, J. (Oral) - Defendant-appellant is in second appeal aggrieved of the judgment and decree of reversal dated 03.8.2013 passed by learned Addl. District Judge, Ferozepur vide which the appeal filed by the plaintiffs against the judgment and decree dated 18.5.2011 passed by Addl. Civil Judge (Sr. Division), dismissing the suit of the plaintiffs, has been accepted.

2. Plaintiffs-respondents instituted the suit seeking specific performance of agreement to sell dated 10.11.2004, which was executed by defendant in their favour regarding land measuring 22 kanal 6 marlas falling in the revenue estate of Chak Bajida as detailed in the head note of the plaint at the rate of Rs. 1,20,000/- per acre and a sum of Rs. 1,50,000/- on account of earnest money was received by the defendant. The stipulated date for execution and registrration of the sale deed was 15.11.2005. It was alleged that the defendant, on 17.6.2005 requested the plaintiffs to pay further earnest money to her in order to fulfil her domestic needs. The plaintiffs agreed to pay another sum of Rs. 1,00,000/- as earnest money to the defendant and writing to that effect was reduced into writing at the back of first

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