Avtar Singh vs Mahesh Kumar - 2025 Supreme(P&H) 1792

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 1792

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Avtar Singh – Appellant
Versus
Mahesh Kumar – Respondent

Advocates Appeared:
For the Appellant :Mr. Vipin Mahajan, Advocate
For the Respondent:Mr. Arun Abrol, Advocate

JUDGMENT :

Pankaj Jain, J.

1. The defendant is in regular second appeal. The plaintiff filed a suit seeking decree for possession by way of specific performance by agreement to sell dated 17.06.2005 qua land measuring 12 kanals as detailed out in the head note of the plaint.

2. As per the pleaded case of the plaintiff, defendant agreed to sell the suit land in his favour by executing an agreement to sell dated 17.06.2005 for valuable consideration of Rs.2,60,000/- per acre. The defendant received Rs.3,10,000/- as earnest money and the parties agreed to get the sale deed executed on or before 10.08.2005. The plaintiff claims to have remained present on the appointed date in the office of Sub Registrar from 10.00 am to 5.00 pm. He, however, claims that defendant failed to turn up to execute the sale deed in his favour. The plaintiff got his presence marked by way of an affidavit and served legal notice dated 19.08.2005 through his counsel to the defendant calling him to execute the sale deed on or before 06.09.2005. As per the plaintiff, he remained present in the office of Sub Registrar on the said date, however, defendant again failed to turn up. The plaintiff claims that he remained