IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-2735-1993 (O&M)

Date of decision: 27.04.2026 Gurbaksh Singh (deceased) through his LRs ...Appellant(s)

Versus Sardara Singh and others ...Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr. R.S. Sekhon, Advocate and Ms. Sangeeta Devi, Advocate for the appellant(s).

Mr. Anurag Chopra, Advocate (Through Video Conferencing) and Mr. Vardaan Seth, Advocate for the respondents.

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VIKAS BAHL, J. (ORAL)

I N D E X Paras Pages Challenge in the present appeal 1-2 1-2 Arguments on behalf of the appellant 3-4 2-3 Arguments on behalf of the respondents 5-6 3-5 Analysis and findings 7-26 5-16 CHALLENGE IN THE PRESENT APPEAL

1. Defendant had filed the present Regular Second Appeal under Section 41 of the Punjab Courts Act, 1918. The same is now being pursued by the LRs of the defendant.

2. Challenge in the present appeal is to the judgment dated 02.08.1993 vide which the 1^st Appellate Court had set aside the judgment of the trial Court dated 17.10.1990 and had decreed the suit of the plaintiffs/respondents and had granted a decree for possession of the suit land by way of specific performance of the agreement to sell dated

16.08.1984 (