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2020 Supreme(P&H) 938

ANIL KSHETARPAL
Aneet Goel – Appellant
Versus
Harjit Singh – Respondent


Advocates Appeared:
Mr. Avnish Mittal, Advocate for the appellants (In RSA-3102-2015); Mr. Sanjeev Sharma, Sr. Advocate with Mr. Sandeep Singh, Advocate for the appellant (In RSA-3394-2015); Mr. S.K. Singla, Advocate for respondent Nos.2 and 3. Mr. Naresh Prabhakar, Advocate for respondent No.5

JUDGMENT

Anil Kshetarpal, J. - By this judgment, RSA-3102-2015 filed by defendant Nos.2-3 and RSA-3394-2015 filed by defendant No.l in Civil SuitNo.571/03.12.2005 shall stand decided. Both these appeals are arising from a common judgment passed by the learned trial Court as well as by the Appellate Court.

2. The plaintiffs have filed a suit claiming declaration, possession of the suit property by way of specific performance of the agreement to sell and for grant of decree of permanent injunction.

3. Some facts are required to be noticed in brief.

4. Dispute is with regard to plot No.2649, Phase-11, SAS Nagar, Mohali. Paramjit Singh-appellant No.2 in RSA No.3102 of 2015 was the owner thereof. He had appointed Aneet Goel-appellant No.l in RSA No.3102 of 2015, as his power of attorney. Paramjit Singh through Aneet Goel entered into an oral agreement to sell in favour of Ashok Kumar-defendant No.4, correctness whereof is not disputed. Ashok Kumar on the basis of the aforesaid oral agreement entered into further agreement to sell by specifically describing himself as an Agreement Holder in favour of Harjit Singh dated 20.09.2004 for a total agreed sale consideration of Rs. 27,85,000/-out

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