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2021 Supreme(P&H) 863

G.S.SANDHAWALIA
Bir Singh – Appellant
Versus
Brij Kishore – Respondent


Advocates Appeared:
Sanjay Vij, Advocate, Raj Kumar Gupta, Advocate

JUDGMENT

G.S. Sandhawalia , J. - Challenge in the present regular second appeal, which has been filed by the defendants, is to the concurrent findings recorded by the Courts below, whereby suit for specific performance has been decreed. Permanent injunction was also granted by restraining the defendants from alienating the suit land in favour of any other person except the plaintiff.

2. Mr. Sanjay Vij, learned counsel for the appellants has mainly raised the argument for admission of the appeal to submit that the case further requires consideration. It has been submitted that there was no proof of readiness and willingness of the plaintiff to perform his part of the agreement and whether he had the financial capacity to pay the balance sale consideration. It is further submitted that the agreement in question itself was inadmissible as per Section 35 of the Indian Stamp Act, 1899 (for short 'the Act') and, therefore, liable to be impounded. The argument that the appellants NO.4, 5 & 7 being minors as such at the time of the agreement was also raised to submit that the suit would not be maintainable in the present form.

3. The argument has been rebutted by the learned counsel for the c

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