Satya Wati vs Sarla Rani - 2023 Supreme(P&H) 2953

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2023 Supreme(P&H) 2953

VIKRAM AGGARWAL
Satya Wati – Appellant
Versus
Sarla Rani – Respondent

Advocates Appeared:
Mr. Parminder Singh, Advocate; For the Appellant

JUDGMENT

Vikram Aggarwal, J. (Oral)

This is defendant's second appeal against concurrent findings recorded by both Courts i.e. the trial Court and the First Appellate Court. A suit for symbolic possession of the ground floor and first floor and for possession of second floor of a building situated at Buria Gate, Jagadhari (hereinafter referred to as the 'disputed building') was filed by way of specific performance of agreement to sell dated 20.05.2009. This suit was decreed by the Court of Civil Judge (Senior Division), Yamuna Nagar at Jagadhari vide judgment and decree dated 28.10.2016. An appeal was preferred by the appellant-defendant, which was also dismissed by the Additional District Judge, Yamuna Nagar at Jagadhari vide judgment and decree dated 15.05.2023 leading to the filing of the present second appeal.

2. The respondent-plaintiff filed a suit for symbolic possession of the ground floor and first floor and for possession of second floor of a three storey building (fully described in the plaint) situated at Buria Gate, Jagadhari by way of specific performance of agreement to sell dated 20.05.2009 executed by the appellants-defendants in favour of the respondent-plaintiff. T

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