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2022 Supreme(P&H) 1761

MANJARI NEHRU KAUL
Baldev Singh – Appellant
Versus
Swinder Singh – Respondent


Advocates appeared:
Mr. A.P.S. Sandhu, Advocate, for the Appellant; Mr. Anupam Bhardwaj, Advocate, for the Respondent.

JUDGMENT

Manjari Nehru Kaul, J. (Oral) - Suit for possession by specific performance of agreement to sell dated 04.01.2016 with regard to land measuring 10 kanal 00 marla situated in village Jaspal, Tehsil Baba Bakala Sahib, District Amritsar (hereinafter referred to as 'the suit land') or in the alternative for recovery of double the amount of earnest money paid to the appellant/defendant by the respondent/plaintiff as damages as agreed, along with interest @ 24% per annum from the date of execution of agreement to sell, was filed by the respondent/plaintiff with a further prayer to restrain the appellant/defendant from further selling, alienating, transferring, mortgaging or from creating any type of charge over the suit land. The suit was decreed by the Trial Court vide judgment and decree dated 28.11.2018. The appeal preferred by the appellant/defendant against the aforesaid judgment and decree was dismissed by the Lower Appellate Court vide order dated 28.04.2022. The defendant is now before this Court in Regular Second Appeal.

2. Parties to the lis, hereinafter shall be referred to by their original positions in the suit.

3. The pleaded case of the plaintiff may be noticed as th

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