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ALOK JAIN
Rohini Lowe – Appellant
Versus
Prem Chand – Respondent
| Table of Content |
|---|
| 1. judgment overview and procedural history. (Para 1 , 2) |
| 2. factual background of the property transaction. (Para 4 , 5) |
| 3. arguments by the defendant challenging the agreement. (Para 6 , 7 , 8 , 9) |
| 4. counterarguments by the plaintiff supporting the agreement's validity. (Para 10 , 12 , 14) |
| 5. court's analysis and ruling on the appeal. (Para 15 , 19) |
| 6. final ruling dismissing the appeal. (Para 20) |
JUDGMENT
Alok Jain, J.
This is defendant's second appeal raising challenge to the judgment dated 12.08.2014 passed by the Additional Civil Judge (Senior Division), Gurgaon (now Gurugram),whereby the suit for possession by way of specific performance was decreed and the present appellant was directed to execute the sale deed in favour of the plaintiff-respondent herein within two months by clearing the loan pending, if any, within a specific period, failing which the plaintiff-respondent shall be at liberty to get the sale deed executed through the Court.
2. The learned First Appellate Court of Additional District and Sessions Judge, Gurugram, vide judgment and order dated 15.02.2016, also, after hearing the appellant (defendant), at length and after going through record, dismi
Continuous readiness and willingness from contract execution to judgment essential for specific performance claims, substantiated evidence is necessary to challenge agreements.
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