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2022 Supreme(P&H) 2184

DEEPAK GUPTA
Jitender – Appellant
Versus
Rajbir Singh – Respondent


Advocates appeared:
Mr. Mukesh Yadav, Advocate, for the Appellant; Mr. S.S. Dinarpur, Advocate with Mr. Sumit Gujjar, Advocate, for the Respondent

JUDGMENT

Deepak Gupta, J. - Defendant of the case is in this appeal against the judgment of reversal qua the relief for specific performance. In order to avoid confusion, parties shall be referred as per their status before learned trial Court.

2. (a) Plaintiff- Rajbir Singh (now respondent) filed the suit bearing registration No.CS/54408/2013 titled 'Rajbir Singh Vs. Jitender' seeking decree for possession by way of specific performance of the registered agreement to sell dated 16.10.2006 with regard to suit property.

(b) It was pleaded that defendant being co-owner to the extent of 1009/7382 share in the total land measuring 369 kanal 2 Marla (detailed in para No.1 of the plaint) situated in Village Molawas, Hadbast No.183, District Rewari, agreed to sell area measuring 10 kanal 9 Marla i.e. 209/7382 share for total consideration of Rs. 8 lacs vide registered agreement dated 16.10.2006. Defendant received Rs. 7,99,500/- in the presence of witnesses and put signatures on every page of the agreement, which was presented before the Sub-Registrar, Dharuhera, where defendant affixed his thumb im-pression on the first page of the agreement to sell. It was agreed amongst the parties that d

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