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2019 Supreme(P&H) 2511

H.S.MADAAN
Smt. Sunita And Others – Appellant
Versus
Rajender Singh And Another – Respondent


Advocates Appeared:
Mr. Ashok Singla, Advocate, for the Appellant; Mr. Vikas Bahl, Sr. Advocate with Mr. Nikhil Sabharwal, Advocate, for the Respondent

JUDGMENT

H.S. Madaan, J. - Briefly stated, facts of the case are that plaintiff Rajender Singh had filed a suit against defendants Smt. Sunita - wife, Asha and Vicky @ Neshu - minor sons, Kajal - minor daughter and Smt.Bharto - mother of Sh. Raj Singh - deceased son of Lakhmi Chand, resident of village Bari, Tehsil Ganaur, District Sonepat seeking possession by specific performance of contract.

2. As per the case of the plaintiff, Sh.Raj Singh - deceased had entered into an agreement with the plaintiff to sell his agricultural land measuring 3 Kanals 0 marlas i.e. 6 marlas being 6/148 share of the land comprised in Khewat No. 12 min, Khata No. 17 min, rectangle and killa No. 54/9 (7-8), 2 Kanals 14 Marlas i.e. 54/160 share comprised in rectangle and killa No. 54/12(8-0), situated in the revenue estate of village Bari, Tehsil Ganaur, District Sonepat on 10.4.2006; that the plaintiff had paid a sum of Rs. 4 lacs to Sh.Raj Singh - deceased as earnest money; that initially the date of execution of sale deed was fixed as 16.8.2006, however, as 'No Objection' Certificate was required to be issued by late Sh.Raj Singh; the plaintiff had agreed to cooperate for the purpose; that Sh.Raj Sing

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