IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

205 Date of decision : 08.05.2025 Ashok Kumar and others ...... Appellants versus Bishan Dass and another ...... Respondents CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. R.S. Minhas, Advocate for the appellants.

Mr. Kuldip Sanwal, Advocate for the respondents.

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PANKAJ JAIN, J. (Oral)

1. Defendants are in appeal.

2. Plaintiff filed suit for possession by way of specific performance of agreement to sell dated 27.05.1991 claimed to have been executed by defendant No.1-Dhian Singh in favour of the plaintiff, whereby he agreed to sell 7 kanal 11 marlas of land for total sale consideration of Rs.31,144/-. As per the plaintiff, an amount of Rs.10,000/- was paid as earnest money and the sale deed was to be executed on or before 05.07.1991. Plaintiff claims to have attended office of Sub Registrar Gurdaspur on 05.07.1991. However, the sale deed could not be executed as Dhian Singh-the vendor did not come present. Plaintiff thereafter claims to have served legal notice dated 03.03.1993 upon defendant No.1 asking him to come and execute sale deed in his favour in terms of agreement to sell dated 27.05.1991 within 15 days.

3. Suit was