Ajmer Singh vs Avtar Singh - 2025 Supreme(P&H) 877

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 877

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Pankaj Jain
Ajmer Singh – Appellant
Versus
Avtar Singh – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Sapan Dhir, Advocate and Ms. Raj Kaur, Advocate
For the Respondent:Mr. Sunny K. Singla, Advocate

JUDGMENT :

Pankaj Jain, J.

Defendants are in second appeal. For convenience, the parties hereinafter are referred to by their original position before the Court of First Instance i.e. the appellants as defendants and the respondent as plaintiff.

2. Plaintiff filed suit for possession by way of specific performance claiming that defendants agreed to sell the suit land in his favour vide agreement to sell dated 15.11.2005 @ Rs.1,04,000/- per Bigha. Rs.20,00,000/- was received as earnest money on the same date. The parties agreed to get the sale deed executed on or before 15.03.2006. Plaintiff claimed that he always remained ready and willing to perform his part and continues to do so, but the defendants having failed to perform their part, decree of possession by way of specific performance be granted in his favour.

3. Defendant No.1 died. He is being represented by his LRs i.e. defendants No.2 to 4. Defendant No.4 was proceeded ex parte. Written statement was filed on behalf of defendants No.2 and 3. Execution of agreement to sell, was denied. As per defendants No.2 and 3, agreement to sell dated 15.11.2005 was a forged, fictitious and fabricated document. It was claimed that Jangir Sin

Click Here to Read the rest of this document