Parminder Kumar @ Parmender Kumar vs Ram Avtar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 620

ANIL KSHETARPAL
Parminder Kumar @ Parmender Kumar – Appellant
Versus
Ram Avtar – Respondent

Advocates Appeared:
Mr. Ankush Singla, Advocate; For the Appellant
Mr. Mudit Johan, Advocate with Mr. Abhimanyu singh, Advocate for Respondent No.1 (in SAO-52-2023) for Respondent No.2 (in SAO-53-2023).
Mr. Sherry K. Singla, Advocate for Respondent No.2 (in SAO-52-2023).

JUDGMENT

Anil Kshetarpal, J. (Oral)

With the consent of the learned counsel representing the parties, two connected appeals against the order passed by the First Appellate Court remitting the case back to the trial Court shall stand disposed of by this common order.

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

3. The appellant-Sh. Parminder Kumar filed a suit for grant of decree of specific performance of the agreement to sell dated 23.03.2005. The suit was contested by defendant No.1, in which he claimed that the agreement to sell dated 23.03.2005, was merely a paper transaction. Previously, an agreement to sell dated 07.11.2003, regarding the same suit land was executed between the plaintiff and defendant No.1 and the agreement dated 23.03.2005, was executed in order to save the stamp duty by reflecting lesser amount of total sale consideration than the actual amount that was spent in the transaction. It was claimed that the agreement to sell dated 07.11.2003 was cancelled vide endorsement dated 24.04.2008, and therefore, the suit for specific performance of the agreement to sell dated 23.03.2005, was n