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2022 Supreme(P&H) 292

ARVIND SINGH SANGWAN
Anita G. Hawa – Appellant
Versus
Navtej Singh Bains – Respondent


Advocates Appeared:
Mr. Ashish Aggarwal, Sr. Advocate with Ms. Aashna Aggarwal, Advocate, for the Appellant; Mr. Ashwani Kumar Chopra, Sr. Advocate with Mr. B.S. Nahar, Advocate and Ms. Gurpreet Kaur Bhatti, Advocate for the respondent, for the Respondent

JUDGMENT

Arvind Singh Sangwan, J. (Oral). - Challenge in RSA-1499-2013 is to the judgment and decree dated 16.07.2009 passed by the trial Court, vide which C.S. No.105 dated 30.07.1998 filed by the plaintiff was partly decreed, while denying the relief of specific performance of agreement to sell, the respondent-plaintiff was held entitled to damage to the tune of Rs.28.00 lacs along with interest @6% per annum from the date of institution of the suit i.e. 30.07.1998 till the date of actual payment, with costs of the suit as well as judgment and decree dated 01.02.2013 passed in C.A. No.210 dated 23.07.2009 filed by the respondent-plaintiff, challenging the findings of the trial Court, declining to grant the relief of specific performance, was allowed and the suit was decreed by granting a decree of specific performance of agreement to sell.

2. Challenge in RSA-4500-2013 is to set aside the judgment and decree passed by the lower appellate Court dated 01.02.2013, vide which CA No.234 dated 13.08.2009 filed by the appellant-defendant qua partly decreeing the suit, was dismissed Brief facts of the case are that the appellant-defendant, vide agreement to sell dated 11.03.1998 qua her Ho

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