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2023 Supreme(P&H) 1654

NAMIT KUMAR
Hazara Singh – Appellant
Versus
Sukhwinder Kaur – Respondent


Advocates appeared:
For the Parties :Mr. Sachin Sharma, Mr. K.S. Sidhu Senior, Advocate, Mr. G.S. Benipal, Mr. Praagbir S. Dhindsa, Mr. Kartik Bansal

Judgment

Mr. Namit Kumar, J.

This revision petition has been filed under Article 227 of the Constitution of India read with Section 151 CPC for setting aside the order dated 18.05.2019 (Annexure P-1) passed by the Court of learned Civil Judge (Junior Division), Dera Bassi, whereby application filed by the petitioner to prove agreement to sell dated 15.03.2004 by way of leading secondary evidence, has been dismissed.

2. Brief facts leading to the filing of the present revision petition are that petitioner-plaintiff filed a suit for possession by way of specific performance on the basis of written agreement of sale dated 15.03.2004 as well as agreement of sale of full and final payment dated 21.06.2004, pleading therein that respondent No.1 had entered into a written agreement to sale dated 15.03.2004 with the petitioner-plaintiff regarding land measuring 18 biswas comprised in Khewat/Khata No.181/356 Khasra No.836/1 (0-18) situated within the revenue estate of village Rampur Sainia, Tehsil Dera Bassi, District S.A.S. Nagar (Mohali) for a total consideration of Rs.3 lacs and an amount of Rs.50,000/- was paid to respondent-defendant No.1 at the time of entering into abovesaid agreement a

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