Harvinder Singh vs Krishan Kumar (Deceased) Through Lrs.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2435

ANIL KSHETARPAL
Harvinder Singh – Appellant
Versus
Krishan Kumar (Deceased) Through Lrs. – Respondent

Advocates Appeared:
Mr. Ajay Jain, Advocate; For the Appellant
Mr. Shailender Kashyap, Advocate for Respondent.

JUDGMENT

Mr. Anil Kshetarpal, J.

The correctness of the concurrent findings of fact arrived at by the Courts below while decreeing the plaintiffs suit for possession by way of specific performance of the agreement to sell has been assailed by the defendant in this second appeal.

2. In the considered opinion of the Court, the following question of law arises for adjudication in the present case:-

1. Whether the evidence is required to be incorporated in the pleadings?

3. In order to comprehend the controversy involved in the present case, the relevant facts, in brief, are required to be noticed.

4. The execution of the registered agreement to sell dated 29.01.2009 with respect to 16 kanal land and one half share in the Dhani (constructed area) and 1/6th share in the tube-well for total consideration of Rs. 13,00,000/- on receipt of Rs. 5,00,000/- as the earnest money is not in dispute. As per the terms of the agreement to sell, the sale deed was to be executed on or before 15.09.2009. On 06.02.2009, another sum of Rs. 6,60,000/- was paid to the defendant by the plaintiff against the endorsement on the agreement to sell. On 14.09.2009, the date for execution of the sale deed was extend