Joginder Singh vs Satnam Singh - 2025 Supreme(P&H) 1149

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 1149

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Joginder Singh – Appellant
Versus
Satnam Singh – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Ms. Ravinder Kaur Manaise, Advocate

JUDGMENT :

Nidhi Gupta, J.

The plaintiff is in second appeal against the judgments and decrees of the learned Courts below whereby the suit of the plaintiff for possession as owner by means of specific performance of agreement of sale dated 23.12.2005, has been decreed in the alternative relief of money decree by both the Courts below.

2. The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. the appellant as 'plaintiff' and the respondent as 'defendant'.

3. Brief facts of the case are that the defendant executed an agreement dated 23.12.2005 for sale of land (15 M) in favour of plaintiff for consideration of Rs.65,000/- and received earnest money of Rs.50,000/-. Sale Deed was to be executed by defendant on or before 15.05.2006 in favour of plaintiff. In case of violation of terms and conditions of agreement committed by defendant, plaintiff was entitled to get Sale Deed executed through Court or entitled to recover Rs.1,30,000/- i.e. Rs.65,000/- as earnest money and Rs.65,000/- as damages on account of breach of agreement. On 15.05.2006, the plaintiff was ready and willing with money and waited for defendant in Tehsil Ahata, Gurdaspur for

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