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2022 Supreme(P&H) 945

ANIL KSHETARPAL
Mohan Singh – Appellant
Versus
Smt. Prem Aggarwal – Respondent


Advocates:
Mr. Ashish Aggarwal, Sr. Advocate with Mr. Kulwant Singh, Advocate, for the Appellant; Mr. Sunil Chadha, Sr. Advocate, with Mr. Akshay Chadha, Advocate and Mr. Divanshu Jain, Advocate, for the Respondent.

JUDGMENT

Anil Kshetarpal, J. - While assailing the concurrent findings of the fact arrived at by the Courts below, the defendants have filed this Regular Second Appeal.

2. Some facts are required to be noticed. Late Sh. Jagjit Singh was owner of House No.1022, Sector 21-B, Chandigarh, measuring 2 kanals. It was a two storey house constructed on a plot. On the death of Sh. Jagjit Singh, his three sons namely Sh. Mohan Singh, Sh. Kuldeep Singh and Sh. Paramjit, inherited the property. Sh. Mohan Singh, on his own behalf as well as on the behalf of his two brothers who had executed a General Power of Attorney in favour of Sh. Mohan Singh, entered into an agreement to sell dated 12.06.1989, while agreeing to sell House No.1022, Sector 21-B, Chandigarh, on receipt of Rs.25,000/- as earnest money out of the total sale consideration which was fixed at Rs.14,50,000/-. The plaintiff-Smt. Prem Aggarwal filed a suit for specific performance of the agreement to sell claiming that the defendants have failed to honour the agreement. She asserted that the defendants have refused to honour the agreement, whereas, she was always ready and willing to perform her part of the contract. Defendants contes

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          Judicial Analysis

          P. Devaraj VS Kamalamma - 2023 0 Supreme(Kar) 1377: Cited as "(2004) 7 SCC 650" in context of Gurbux Singh, a Constitution Bench decision on Order II Rule 2 CPC, with statement "In the case of Gurbux Singh a Constitution Bench... considering the scope", indicating positive reliance.

          GEETA DHAWAN Vs ANU MEHRA & ANR. - 2024 Supreme(Online)(DEL) 32004: References "decision of the Constitution Bench in Gurbux Singh" via counsel's argument citing Life Insurance (supra), showing approving citation.

          Jagmohan Bhargo vs Ajit Singh - 2025 0 Supreme(P&H) 1498: States "principles laid down in the judgment of the Constitution Bench... in Gurbux Singh" after "detailed analysis", indicating followed or approvingly applied.

          d_as_established_precedent>

          VIRGO INDUSTRIES (ENG. ) P. LTD. VS VENTURETECH SOLUTIONS P. LTD. - 2012 6 Supreme 557: Describes "Applicxability of Order II, rule 2, CPC", directly linking to core issue in Gurbux Singh snippets, treated as precedent on point.

          Vurimi Pullarao VS Vemari Vyankata Radharani - 2019 0 Supreme(SC) 1450: Outlines "main legal point established" on identity of cause of action for Order II Rule 2, consistent with Gurbux Singh, positioned as authoritative.

          Cuddalore Powergen Corporation Ltd. VS Chemplast Cuddalore Vinyls Limited - 2025 0 Supreme(SC) 101: Lists in string of decisions including "Partab Singh" and others (e.g., "(1982) 1 SCC 39"), serving as cited precedent without explicit treatment language.

          Brijpal Singh VS State Of M. P. - 2003 3 Supreme 581: Standalone summary on contradiction in evidence and ballistic report; no treatment indicators, but referenced in legal context.

          Gurnam Singh VS Pal Singh - 2023 0 Supreme(P&H) 1976: Narrative on facts (e.g., "three of the legal heirs... executed two...", witnesses PW-1, PW-2); no keywords on judicial treatment.

          Hitesh Thakur vs Reeta Tandon - 2023 Supreme(Online)(HP) 15110: Procedural order ("is ordered to be impleaded"); no treatment analysis.

          Kehar Singh VS Satnam Chand - 2024 0 Supreme(P&H) 555: Discusses trial court errors and testimony (e.g., "discarded the testimony of Sher Singh (PW-7)"); critiques lower court, not precedent treatment.

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