Deen Mohammad vs Kallu - 1995 Supreme(P&H) 1513

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1995 Supreme(P&H) 1513

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Deen Mohammad – Appellant
Versus
Kallu – Respondent

Advocates Appeared:
For the Appellant :Mr. Amit Jain, Advocate
For the Respondent:Mr. Tanmoy Gupta, Advocate

JUDGMENT :

PANKAJ JAIN, J.

1. Plaintiff is in appeal, aggrieved of judgement and decree passed by the Lower Appellate Court whereby judgement and decree passed by the Court of First Instance has been reversed and the suit filed by the plaintiff has been ordered to be dismissed.

2. Plaintiff filed suit, seeking decree of specific performance of agreement to sell dated 29.06.1987. As per plaintiff, defendant who was owner in possession of suit land (ad-measuring 12 Kanals as detailed in the plaint) executed written agreement to sell in his favour agreeing to sell the suit land for total sale consideration of Rs.40,000. Earnest money of Rs.20,000 was paid. Parties agreed to get the sale deed executed on or before 15.06.1988. The land was lying mortgaged with Land Development Bank Firozepur, Jhirka. Defendant agreed to get the land redeemed on or before 15.06.1988. As per plaintiff, defendant delivered possession of land to him on the date of execution of agreement to sell. Plaintiff claims to have appeared before the Sub- Registrar on the appointed date of 15.06.1988. As per him, due to election duty, officials were not present in the office on the said date. Plaintiff thereafter appear

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