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2022 Supreme(P&H) 1536

MANOJ BAJAJ
Nathi Singh – Appellant
Versus
Jitender Dutt – Respondent


Advocates appeared:
Mr. Pradeep Sharma, Advocate, for the Appellant; Mr. Pawan Attri, Advocate, for the Respondent.

JUDGMENT

Manoj Bajaj, J. - Petitioner (judgment debtor) has challenged the order dated 12.05.2022 (Annexure P-8) passed by Additional Civil Judge (Senior Division) Kurukshetra in execution petition No.2/2018, whereby his application for dismissal of execution petition and rescinding the contract was dismissed.

2. Briefly, the facts of the case are that the plaintiff (respondent) brought a suit for specific performance of contract dated 07.11.2006 executed by defendant, whereby he agreed to sell his land measuring 13 kanals 11 marlas, being 1/4th share of the total land measuring 54 kanals 3 marlas comprised in khewat No.51, khatoni No.109, kittas 10 as per jamabandi for the year 2001-2002 with tubewell, situated at village Lohara, Teshil Thanesar, Sub Tehsil Ladwa, District Kurukshetra for a total sale consideration of Rs.10 lacs. Pursuant to this agreement, plaintiff had paid a sum of Rs.5 lacs to the vendor as earnest money, and they agreed to execute the sale deed on 20.02.2007, however, in the event of failure on the part of the defendant, he agreed to return double the amount of earnest money to the plaintiff. As per the plaintiff, he was throughout ready and willing to perform

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