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2022 Supreme(P&H) 1676

MANJARI NEHRU KAUL
Jai Narain – Appellant
Versus
Rajmati – Respondent


Advocates appeared:
Mr. Munish Kumar Garg, Advocate for the appellants

JUDGMENT

Manjari Nehru Kaul, J. - The plaintiffs being dissatisfied with the relief of refund of double of the earnest money along with interest at the rate of 9% granted by the trial Court in the suit instituted to seek possession of 19 Kanals 13 Marlas land by way of specific performance of the agreement to sell dated 26.05.1992, are in Regular Second Appeal before this Court as the First Appellate Court concurred with the judgment and decree dated 21.01.2019 of the learned trial Court and dismissed the plaintiffs' appeal.

2. In brief, the pleaded case of the plaintiffs may be noticed as thus:

Sardara (predecessor of the plaintiffs) entered into an agreement to sell with Dharmla (predecessor of the defendants) on 26.05.1992 in respect of 19 Kanals 13 Marlas land situated in the revenue estate of village Humayunpur, Sub Tehsil Salhawas, District Jhajjar for a total sale consideration of ' 1,70,000/-, out of which earnest money of 50,000/- was paid. Balance amount of ' 1,20,000/- was agreed to be paid before the Sub Registrar at the time of registration of the sale deed. The agreement to sell was entered into on the representation of Dharmla that he was owner in possession 1/9th share

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