IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision :20.01.2026 BALDEV SINGH AND ANOTHER ... APPELLANTS VERSUS AMAR NATH DECEASED THROUGH LRS AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Rahul Sharma, Advocate for Mr. B.S. Bhalla, Advocate for the appellants.

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PARMOD GOYAL, J. (ORAL)

1. The plaintiffs- appellants are aggrieved by the dismissal of their suit for specific performance of the agreement dated 23.03.2001 vide judgment and decree dated 09.11.2016 passed by the Civil Judge (Senior Division), Nihal Singh Wala. The grievance further extends to the judgment and decree dated 07.10.2021 passed by the learned Additional District Judge, Moga, whereby first appeal preferred by the plaintiffs–appellants was also dismissed.

2. In the suit for specific performance, the plaintiffs–appellants claimed that they were in actual physical possession of the suit property, which defendant No. 1 had agreed to sell vide agreement dated 23.03.2001 to their father Naginder ₹

Singh for a total sale consideration of 40,611/-. It was pleaded that the entire sale consideration was paid in the presence of marginal witnesses and that vacant possession