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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MAHABIR SINGH SINDHU
Ronki Ram – Appellant
Versus
Narinder Kumar – Respondent
JUDGMENT :
MAHABIR SINGH SINDHU, J.
Present Regular Second Appeal (RSA) has been preferred by defendant Nos.2 to 10 against impugned judgment & decree dated 22.12.2023, passed by learned First Appellate Court, granting relief of specific performance on the basis of Agreement to Sell dated 10.12.2010 regarding land measuring 65 Kanals 2 Marlas out of land comprised in Khata No.152//177, Khasra No.20//6, 15,16, 24, Kitte 5, to the extent of 27 Kanals 6 Marlas and Khata No.68/81, Khata No.21/11/1, 20, 21/1, Kitte 3, total 13-14, total Kitte 8 to the extent of 27 Kanals 27 Marlas out of 41 Kanals and Khasra No.5//16, 17, 18,24,25 and 6//20, 21/1, Kitte 7, to the extent of 37 Kanals 16 Marlas out of 47 Kanals 5 Marlas, situated at Village Mauja Jaswantgarh, Hadbast No.239, Tehsil & District Panchkula as per Jamabandi for the Year 2004-2005 (for short ‘suit property’) while modifying impugned judgment & decree dated 09.02.2018 of learned trial Court, vide which suit was partly decreed and appellants were directed to refund earnest money of Rs.10 Lakh (Rupees Ten Lakh only) along with interest @ 6% per annum from the date of aforesaid Agreement till realization.
(2) BRIEF FACTS
(2.1) Case set
The plaintiff must prove the execution of the contract and her readiness to perform to be entitled to specific performance under the Specific Relief Act, and the mere registration of a document does ....
Unilateral cancellation of an irrevocable GPA is impermissible when the agent has an interest in the property, ensuring the protection of the agent's rights.
The main legal point established in the judgment is that the plaintiff must prove the execution of the agreement for specific performance, and the validity of a sale-deed executed by a power of attor....
Agreement to sell land barred by 10-year transfer prohibition after proprietary rights conferment is unenforceable for specific performance, but earnest money refundable with interest upon proof of p....
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