Tejinder Singh Randhawa Since Deceased Through His Lr vs Capt. Parwinder Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 1888

MANJARI NEHRU KAUL
Tejinder Singh Randhawa Since Deceased Through His Lr – Appellant
Versus
Capt. Parwinder Singh – Respondent

Advocates appeared:
Mr. Rajesh Punj, Advocate, for the Appellant.

JUDGMENT

Manjari Nehru Kaul, J. - Suit for specific performance of Agreement dated 20.11.2003, declaration and for permanent injunction filed by the respondent-plaintiff was decreed by the trial court vide judgment and decree dated 27.09.2013. The appeal preferred by the defendant No.1 against the said decree failed and was dismissed on 15.02.2019. Hence, the defendant No.1 is now before this court in Regular Second Appeal. Parties to the lis, hereinafter shall be referred to by their original positions in the suit.

2. In brief, the pleaded case of the plaintiff may be noticed as thus. The plaintiff entered into an Agreement to Sell dated 20.11.2003 with defendant No.1 for a total sale consideration of Rs.12 lakhs. Defendant No.1 was paid the entire sale consideration through a bank draft and a receipt in the said regard was also endorsed at the back of the Agreement to Sell by him. Defendant No.1 further executed a Will on 20.11.2003 as well as an affidavit dated 20.11.2003 acknowledging the receipt of the entire sale consideration, the execution of the said Will and the Agreement to Sell, with an undertaking not to cancel the deal struck between the parties. Therefore, since the en

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