Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Avtar Singh – Appellant
Versus
Gurjant Singh – Respondent
JUDGMENT :
Nidhi Gupta, J.
Present second appeal has been filed by the plaintiff against the concurrent judgments and decrees of the learned Courts below whereby the suit of the plaintiff for declaration to the effect that plaintiff is joint owner in joint possession of suit land measuring 7 kanal 10 marla 7 sarsahi as described in the plaint; and consequential relief of permanent injunction, has been dismissed by both the Courts below.
2. The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. appellant as 'plaintiff' and respondent as 'defendant'.
3. Brief facts of the case as set out in the plaint are that on 18.08.2006, the plaintiff had borrowed an amount of Rs.6,50,000/-in cash from the defendant in the presence of Paramjit Singh Namberdar and Lakhwinder Singh. The plaintiff had promised to return the same to the defendant along with monthly interest of 1%. However, the defendant exercised misrepresentation and coercion on the plaintiff and compelled him to execute a Sale Deed in respect of the land of the plaintiff in favour of the defendant as a security of loan amount. On the same day, a written agreement was also executed between t
The legitimacy of a sale deed prevails unless convincingly challenged, affirming that possession cannot be disturbed without due process.
The court upheld that non-fulfillment of contractual obligations justified the forfeiture of earnest money, affirming the agreement's explicit terms regarding readiness to perform.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
