TARUN AGARWALA
Ram Swaroop Singh – Appellant
Versus
Karan Singh – Respondent
Tarun Agarwala, J.
Heard Sri V. K. Kohli, the learned senior counsel duly assisted by Sri I. P. Kohli, the learned counsel for the appellants defendants and Sri Jitendra Chaudhary, the learned counsel for the respondents plaintiffs.
2. The plaintiffs respondents filed a suit for specific performance of a registered agreement to sell. The plaintiffs contended that by a registered agreement, the defendant no.1 Pritam Singh had agreed to sell the land to the plaintiffs measuring 2.90 acres of land in Khasra No.48 of village Jamniwala, Tehsil Kashipur for a sum of Rs.20,300. It was contended that a sum of Rs.7000/- was paid as advance and the balance amount was to be paid at the time of the execution of the sale deed. The plaintiffs contended that the defendant was requested several times to execute the sale deed, which fell on deaf ears and, ultimately, it was found that the defendant no.1 had sold the land in question to defendant nos.2 & 3 by means a registered sale deed dated 06.09.1983 selling 1.60 acres of land and by another sale deed dated 12.12.1983, the remaining land was sold to defendant nos.2, 3 & 4 for Rs.28,000/-. The plaintiffs accordingly prayed that th
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