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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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