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2019 Supreme(P&H) 2411

AMIT RAWAL
Raj Kumar Sharma – Appellant
Versus
Raksha Devi – Respondent


Advocates Appeared:
Mr. Vikas Bahl, Senior Advocate with Mr. Nitish Garg, Advocate, Mr. Keshav Pratap Singh, Advocate.

JUDGMENT

Amit Rawal J. - Notice of motion.

Mr. Keshav Pratap Singh, Advocate accepts notice on behalf of the respondent in RSA No.3779 of 2016, whereas, Mr. Nitish Garg, Advocate accepts notice on behalf of the respondent in RSA No.473 of 2017.

2. Both regular second appeals have arisen out of the common judgment rendered by both the Courts below, whereby, in a suit filed by Raj Kumar Sharma seeking specific performance of the agreement to sell dated 5.12.1989 in respect of 1 Ath share in house no.286 Sector 32-A, Chandigarh including three other properties, has been partly decreed.

3. Mr. Vikas Bahl, learned senior counsel assisted by Mr. Nitish Garg, Advocate appearing on behalf of the appellant in RSA No.3779 of 2016 and for the respondent in RSA No.473 of 2017 submitted that the possession of all the properties was handed over to the plaintiff as entire sale consideration was also paid. All the properties were in joint ownership of the appellant-Raj Kumar Sharma and Ishwar Dass. On demise of Ishwar Dass, his half share devolved upon Rakhsa Devi and Shashi Bala. Raksha Devi died during the pendency of the suit and Ramesh Kumar Sharma and Shashi Bala are as legal heirs. Since the

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