Kaur Singh vs Harbans Singh - 2023 Supreme(P&H) 3170

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3170

SANJAY VASHISTH
Kaur Singh – Appellant
Versus
Harbans Singh – Respondent

Advocates Appeared:
For the Appellant:Mr. G.L. Bajaj, Advocate with Mr. S.C. Jindal, Advocate
For the Respondents: None.

JUDGMENT

Sanjay Vashisth. J. (Oral)

Appellant-Kaur Singh has filed present Regular Second Appeal impugning the judgments and decree passed by the Courts below, whereby, suit filed by the appellant herein (plaintiff ) for seeking a decree of permanent injunction has been dismissed by recording the concurrent findings.

2. As per pleaded case of the plaintiff, defendant No.l-Harbans Singh was owner of 41 kanal 14 maria of land as per Jamabandi 2002-03, which is part of suit land 217 kanal 18 maria. The said suit land is in possession of the appellant/plaintiff and his brothers Gurcharan Singh, Jagjit Singh as co-sharers. Defendant No.l is also the grandson of Mai Singh, grandfather of plaintiff and thus, they are related to each other.

3. On 23.08.1995, defendant No.l entered into an agreement to sell with the plaintiff for selling out 16 kanal and 14 maria of his share in land at the rate of Rs.2,70,000/- per acre. An amount of Rs.2 lacs was paid by the plaintiff as earnest money and the target date was fixed as 15.11.1995.

Defendant No.l again, entered into an agreement to sell for selling out his remaining land to the appellant/plaintiff vide agreement to sell dated 13.12.1997 at the