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2023 Supreme(P&H) 340

HARKESH MANUJA
Vijay Kumar Aggarwal – Appellant
Versus
Vijay Kumar Aggarwal – Respondent


Advocates appeared:
Mr.Sumeet Goel, Sr. Advocate with Mr. Sumeet Jain, Advocate and Mr. Shivam Kaushik, Advocate, for the Appellant; Mr. Rajinder Sharma, Advocate, for the Respondent

JUDGMENT

Harkesh Manuja, J. - This order of mine shall dispose of two appeals bearing RSA-1494-2016 (Vijay Kumar Aggarwal Vs. Khushal Singh) and RSA-1618-2016 (Vijay Kumar Aggarwal Vs. Khushal Singh).

2. Both the aforesaid appeals have been filed challenging a common judgment and decree dated 02.03.2016 passed by the Court of learned Additional District Judge, Amritsar, whereby two civil appeals, bearing Civil Appeal No. 22515/2011-12 (Khushal Singh Vs. Vijay Kumar Aggarwal) and Civil Appeal No. 22514/2010-2012 (Vijay Kumar Aggarwal Vs. Khushal Singh), were decided.

3. In the present case, dispute relates to half share of House No.1481 to 1483 and 154/111-2 min, situated at Katra Jalianwala, Amritsar, measuring 100 sq. yards. Based on an agreement to sell dated 12.12.1988 regarding the property in question with the owner i.e. the present appellant/ defendant against a total sale consideration of Rs.3 lacs, having paid an advance of Rs.30000/-, a suit for possession by way of specific performance was filed by respondent/plaintiff . It was also pleaded in the suit that as per the original agreement dated 12.12.1988, sale deed was to be executed within a period of 05 months thereof, howe

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