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2022 Supreme(P&H) 2178

ALKA SARIN
Najar Singh – Appellant
Versus
Dilawar Singh – Respondent


Advocates appeared:
Mr. Tarunveer Vashist, Advocate, for the Appellant; Mr. Sarju Puri, Advocate, for the Respondent

JUDGMENT

Alka Sarin, J. - The present two regular second appeals have been preferred by the defendant No.1 against the judgements and decrees passed by the Courts below decreeing the suit filed by the plaintiff. While the Trial Court had decreed the suit with regard, to the alternative relief of recovery of Rs. 12,00,000/-, the lower Appellate Court decreed the suit for specific performance of agreement to sell dated 25.11.2013. The status ofthe parties before the Trial Court and this Court is that the plaintiff is the present respondent No.1, defendant No.1 is present appellant, defendant No.2 is present respondent No.2 while defendant No.3 is present respondent No.3.

2. Brief facts relevant to the present lis are that the plaintiff filed a suit for specific performance of agreement averring that the defendant No.1 through his attorney defendant No.2 had entered into an agreement to sell dated 25.11.2013 agreeing to sell the suit land measuring 10 Kanals 17 Marlas to the plaintiff for a total sale consideration of Rs. 15,00,000/- and had received Rs. 12,00,000/- as an earnest money and had agreed to receive the balance sale consideration of Rs. 3,00,000/- from him at the time of exe

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