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2022 Supreme(P&H) 2192

ALKA SARIN
Bohri Lal (since Deceased) Through Lrs – Appellant
Versus
Dev Raj (since Deceased) Through Lrs – Respondent


Advocates appeared:
Mr. Abhishek Dhull, Advocate, for the Appellant.

JUDGMENT

Alka Sarin, J. - Heard in physical mode.

2. The present revision petition has been filed petition under Article 227 of the Constitution of India for setting aside the impugned order dated 17.01.2020 (Annexure P-8) passed by the Additional District Judge, Faridabad whereby the appeal filed by the defendant-respondent has been allowed.

3. Brief facts relevant to the present lis are that the plaintiffpetitioner instituted a suit for specific performance of agreement to sell dated 24.04.2007 qua plot measuring 50 sq. yds. situated in Village Unchagaon, Faridabad for a total sale consideration of 21 Lacs out of which it was averred that the payment of Rs. 1,67,500/- was received by the defendantrespondent and possession was also handed over to the plaintiff-petitioner on the same date. The sale deed was to be executed upto 24.04.2008 but on the said date the defendant-respondent did not appear before the Sub Registrar.

4. The plaintiff-petitioner filed the present suit for specific performance of the agreement to sell 24.04.2007. In the suit none appeared on behalf of the defendant-respondent despite the service by munadi and he was proceeded against ex parte vide order dated 27.10

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