Tara Chand (Deceased) vs Krishan Gopal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 39

PANKAJ JAIN
Tara Chand (Deceased) – Appellant
Versus
Krishan Gopal – Respondent

Advocates Appeared:
Mr. Ishan Aggarwal Adv., Mr. Deepak Verma Adv.

JUDGMENT :

Pankaj Jain, J.

Defendant is in second appeal. For convenience, the parties are being referred to by their original position in the suit i.e. the appellant as defendant and respondent No.1 as plaintiff.

2. Plaintiff filed suit for confirmation of possession by way of specific performance of the agreement to sell dated 12.05.2009 qua land measuring 8 Kanals 6 Marlas agreed to be sold in his favour by the defendant for a valuable consideration of Rs.9,55,656.84/- (Rupees Nine Lakh Fifty Five Thousand Six Hundred & Fifty Six And Eighty Four Paise Only).

2.1. As per plaintiff, the defendant agreed to sell aforesaid land in his favour and executed written agreement to sell dated 12.05.2009. At the time of execution of agreement to sell, earnest money of Rs.2 lakh was paid. Agreement to Sell was scribed by Deed Writer Barjinder Mohan Singh Bedi. The same was attested by two witnesses namely Dheeraj Sharma and Gurdass Ram. It was agreed that defendant shall execute registered sale deed in favour of plaintiff on or before 30.12.2009 on receiving balance sale consideration of Rs.7,55,656.84/- (Rupees Seven Lakh Fifty Five Thousand Six Hundred & Fifty Six And Eighty Four Paise Only).