Mewa Devi vs Rajbir - 2023 Supreme(P&H) 2143

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2143

HARKESH MANUJA
Mewa Devi – Appellant
Versus
Rajbir – Respondent

Advocates Appeared:
Mr. Gaurav Rana, Advocate; For the Appellant
Mr. Vishal Nehra, Advocate; For the Respondent

Table of Content
1. challenging previous judgments on possession and execution. (Para 1 , 2 , 3)
2. arguments against the validity of sales agreements. (Para 4 , 5)
3. court's findings on the execution and witness testimony. (Para 6 , 7 , 8)
4. assessment of evidence and dismissal of appeal. (Para 9 , 10)
5. final disposition of pending applications. (Para 11)

ORAL JUDGMENT

Mr. Harkesh Manuja, J.

In the present appeal, challenge has been laid to the judgments and decrees dated 23.09.2019 and 19.07.2022 passed by the Courts below whereby, a suit for possession by way of specific performance besides seeking declaration as well as permanent injunction, filed at the instance of respondent No.1-plaintiff has been decreed.

2. Briefly stating, based on an agreement to sell dated 27.09.2012, respondent No.1-plaintiff filed a suit for possession by way of specific performance regarding land measuring 2 Kanals and 16 marlas, situated in the revenue estate of village Fazilpur Badli, Tehsil Farrukh Nagar, District Gurugram. It was further prayed that appellant-defendant No.2 be restrained from alienating the suit property besides seeking declaration qua sale deed dated 30.10.2012 executed by responde

Click Here to Read the rest of this document