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2023 Supreme(P&H) 1625

HARKESH MANUJA
Tarlochan Singh – Appellant
Versus
Narinder Singh – Respondent


Advocates appeared:
For the Parties : Mr. Sarju Puri, Mr. R.D. Rattewal

Judgment

Mr. Harkesh Manuja, J.

By way of present appeal, challenge has been laid to the judgments and decrees dated 29.11.2013 and 31.10.2017 passed by the Courts below whereby suit for possession by way of specific performance as well as permanent injunction filed by respondent-plaintiff has been decreed against appellant-defendant.

2. Briefly stating, based on an agreement to sell dated 28.05.2008, regarding 8 Kanals of land situated in Village Mai Ditta, Tehsil and District, Nawanshahr, the respondent-plaintiff filed a suit for possession by way of specific performance with the averments that the total sale consideration was Rs.8,00,000/- with Rs.3,75,000/- as the earnest money with 31.10.2008 being the target date which was later extended up to 31.12.2008. It was stated that since the appellant-defendant failed to execute the sale deed thereby compelling the respondent-plaintiff to file the suit besides praying for permanent injunction as well as for restraining respondent-defendant from interfering in his peaceful possession.

3. Upon notice, the appellant-defendant though admitted his thumb impressions on the alleged agreement, however, denied its execution as pleaded in the pla

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