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2021 Supreme(P&H) 1143

ANIL KSHETARPAL
Hardev Singh – Appellant
Versus
Labh Singh – Respondent


Advocates Appeared:
Mr. Siddharth Gupta, Advocate for the appellant, for the Appellant

JUDGMENT

Anil Kshetarpal, J. - The plaintiff has filed this regular second appeal assailing the correctness of the concurrent findings of fact arrived at by the Courts below.

The plaintiff-Hardev Singh filed a suit for possession by way of specific performance of the contract with a consequential relief of permanent injunction. He claims that defendant No.1 entered into an agreement to sell on 03.11.2009 with respect to a land measuring 5 marlas on receipt of earnest money of Rs.1,00,000/- out of a total sale consideration of Rs.5,00,000/-. He claims that defendant No.1 was owner of land measuring 20 marlas in khewat No.179//160, khatauni No.218-19, khasra No.74 situated in village Khangesra, Tehsil and District Panchkula. He claims that defendant No.1 previously sold land measuring 10 marlas to defendant No.2 vide a registered sale deed dated 16.11.2007. Defendant No.2 in turn sold the aforesaid land measuring 10 marlas to the plaintiff's mother (Smt. Jaspal Kaur) vide a registered sale deed dated 17.09.2008. Thereafter, defendant No.1 agreed to sell a plot of land measuring 2 marlas in favour of Jaspal Kaur vide an agreement to sell dated 12.10.2008 on receipt of the entire sale co

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