Leave granted.

Application for substitution is allowed. Cause title be amended accordingly.

It is a pure civil matter. The appellant-plaintiff before this Court had filed a suit for specific performance which was decreed in their favour. The relief granted by the Trial Court was only partial inasmuch as the decree of specific performance was not granted but the amount given by the appellant at the time of agreement was directed to be returned with 6% interest per annum. The matter was taken in first appeal by the plaintiff. His appeal was allowed and his suit was decreed. The defendant-respondent thereafter moved a second appeal before the High Court of Punjab and Haryana. The High Court after examining the aspect came to the conclusion that time was the essence of the contract and the Digitally signed by POOJA SHARMA Date: 2024.03.04 15:37:58 IST Reason:

Signature Not Verified agreement for sale which was executed in the year 1994 and for which the entire amount was admittedly not paid, the suit for specific performance was only filed after 10 years.

Considering all these aspects, even on limitation the suit was liable to be dismissed was the finding of the High Court as the suit itself was filed after 10 years.

We agree with the findings of the High Court. The appeal is accordingly dismissed.

The defendant-respondent has offered an amount of Rs.25 Lakhs to the appellant, which shall include the amount of Rs.1,00,000/- arrived at after including interest @ 6% per annum on the said amount i.e., Rs.2,40,000/-. The above amount of Rs.1,00,000/- was admittedly paid by the appellant to the respondent as sale consideration against the agreement of sale.

Admittedly the possession is still with the appellant. The appellant shall handover the peaceful possession of the property within six weeks from today i.e. definitely on or before 08.04.2024. Only after the possession is handed over, the respondent shall give an amount of Rs. 25 lakhs (Rupees Twenty-Five Lakh only). The appellant shall apprise the respondent as to the person on whose name the demand drafts of Rs. 25 lakhs (Rupees Twenty-Five Lakh only) has to be drawn on and the same shall be given and handed over to that person. The interim order dated 29.01.2024 passed by this Court directing status quo is hereby vacated.

Pending application(s), if any, shall stand disposed of.

…………………………………………………………………………J.

[SUDHANSHU DHULIA]

…………………………………………………………………………J.

[PRASANNA BHALACHANDRA VARALE]

NEW DELHI;

FEBRUARY 26, 2024 ITEM NO.44 COURT NO.17 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 3030/2024 (Arising out of impugned final judgment and order dated 02-11- 2023 in RSA No. 3028/2011 passed by the High Court Of Punjab & Haryana At Chandigarh) BALESHWAR DAYAL (DECEASED THROUGH LEGAL REPRESENTATIVES) & ANR.

Petitioner(s) VERSUS UMA SHARMA & ANR. Respondent(s) (IA No. 12555/2024 - APPLICATION FOR SUBSTITUTION IA No. 12554/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 26-02-2024 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE PRASANNA BHALACHANDRA VARALE For Petitioner(s) Mr. Lokesh Sinhal, Adv. Ms. Himanshi Shakya, Adv. Mr. Nikunj Gupta, Adv. Mr. Rahul Khurana, AOR For Respondent(s) Ms. Kiran Suri, Sr. Adv. Mr. Mayilsamy K, Adv. Mr. G.anandaselvam, Adv. Dr. Gayathiri A.s, Adv. Mr. Arun Pandian S, Adv. Mr. P. Soma Sundaram, AOR Mr. Sanchit Maheshwari, Adv. Mr. S.J. Amith, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is dismissed in terms of the signed order which is placed on the file.

Pending application(s), if any, shall stand disposed of.

(KAVITA PAHUJA)