HARKESH MANUJA
Usha Arora – Appellant
Versus
Sudesh Juneja – Respondent
Judgment
Mr. Harkesh Manuja, J.
By way of present appeal, challenge has been laid to the judgments and decrees dated 14.02.2012 and 27.01.2017 passed by the Courts below; whereby suit for possession by way of specific performance of agreement to sell dated 18.03.2005 filed at the instance of appellant/plaintiff has been dismissed.
2. Briefly stating, based on an agreement to sell dated 18.03.2005, the appellant/ plaintiff filed a suit for possession by way of specific performance qua the property in dispute being plot No. 382, Sector 8, Urban Estate, Karnal stating therein that the total sale consideration as settled between the parties was Rs.26.70 lacs with 05.06.2005 being the target date and a sum of Rs.3 lacs was paid as an earnest money. It was further pleaded that the last date for execution and registration of sale-deed was extended to 10.08.2005 with increase of sale consideration to Rs.27.20 lacs, however, despite the appellant/ plaintiff being ready and willing to perform her part of contract, the sale deed was not executed by respondent/defendant thereby compelling the appellant/ plaintiff to file the suit.
3. Upon notice, the respondent/ defendant though admitted the exe
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