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2024 Supreme(P&H) 2052

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Anil Kumar Mehta Through His Lrs – Appellant
Versus
Sukhwinder Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Manmohan Saroop, Advocate with Mr. Dalel Singh, Advocate
For the Respondent:Mr. Vishal Gupta, Advocate

JUDGMENT :

Deepak Gupta, J.

Civil Suit N: T-169 of 1983/1984 filed by the plaintiffs-Anil Kumar Mehta and Parwin Kumar (appellants herein), seeking decree for specific performance of agreement, was decreed in their favour by the Court of Ld. Senior Sub Judge, Rupnagar on 20.09.1986. However, in the appeal (CA N: T-239/1986/1989) filed by contesting defendant - Sukhwinder Singh (respondent No.l herein), the judgment and decree of the trial Court was set aside by Appellate Court of Ld. Additional District Judge, Ropar. Accepting the appeal, the suit was dismissed on 19.09.1989. It is against the said judgment and decree dated 19.09.1989 of the First Appellate Court that the present Regular Second Appeal has been filed.

2. In order to avoid confusion, parties shall be referred to as per their status before the trial Court.

Admitted Facts:

3. Karnail Singh and Jamail Singh sons of Bachan Singh, to the extent of 2/3rd share; defendant No. 1 Sukhwinder Singh along with his mother Ranjit Kaur, sister-Baljit Kaur and brother Kuldeep Singh to the extent of remaining l/3rd equal share, were the co-owners in possession of the land measuring 1 bigha 12 biswas comprised in Khasra No.4628, situated i

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