Pargat Singh vs Kakkar Bricks - 2023 Supreme(P&H) 2752

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2752

ARUN MONGA
Pargat Singh – Appellant
Versus
Kakkar Bricks – Respondent

Advocates Appeared:
Mr. Munish Gupta, Advocate; For the Appellant
Mr. B.R. Mahajan, Senior Advocate with Mr. Daanish Mahajan, Advocate for Respondent.

Table of Content
1. contract details and obligations (Para 2 , 3)
2. defendant's objections to maintainability (Para 4)
3. trial court's findings on evidence (Para 7)
4. analysis of agreement execution and willingness (Para 11 , 12)
5. misinterpretation of contract terms (Para 13 , 14)
6. refund of earnest money as relief (Para 15 , 16)
7. conclusion and order on appeal (Para 17 , 18)

JUDGMENT

Arun Monga, J. (Oral)

CM-9407-C-2015

For the reasons stated in application, same is allowed subject to all just exceptions. Copy of order dated 18.07.2014 (Annexure R-1) is taken on record.

CM-14691-C-2014

This is an application for amendment of grounds of appeal.

No grounds for amendment are made out, at this stage.

Dismissed.

Main case (O&M)

For convenience, parties herein are addressed as per the recitals before learned trial Court.

2. Having suffered concurrent adverse findings by the two Courts below, appellant/defendant is in second appeal before this Court assailing learned trial Court judgment and decree dated 10.01.2012, as upheld by learned First Appellate Court vide its judgment and decree dated 18.07.2014 decreeing the plaintiff/respondent's suit for possession by way of specific performance