SUPREME COURT
Ahsanuddin Amanullah, *S. V. N. Bhatti, JJ.
Harish Kumar v. Amar Nath (Both Dead and Represented Through Lr.)
| Table of Content |
|---|
| 1. an appeal challenges a specific performance judgment. (Para 1 , 2) |
| 2. claims of fraud and misrepresentation are made regarding the agreement. (Para 3 , 4) |
| 3. lower courts dismissed the claim based on evidence of fraud. (Para 8 , 9) |
| 4. the high court misread evidence to conclude validity of agreement. (Para 10 , 14) |
| 5. final decision orders payment towards debt and allows appeal. (Para 11 , 12 , 16) |
1. This Civil Appeal is at the instance of the Defendant in OS. 91 - T / 04 of 2000 on the file of the Junior Civil Judge's Court, Patiala. The appellant challenges the decree and the judgment dated 03/09/2012 in RSA No. 1637 of 2009, High Court of Punjab and Haryana. Through the impugned judgement, the concurrent findings of the Trial Court and the Appellate Court have been reversed.
2. The Respondent nos. 1 and 2 filed Suit No. 91 - T / 04 of 18/11/2000 for specific performance of the agreement of sale dated 12/02/1999 ('Suit Agreement'), said to have been executed by the appellant. The respondents have since deceased, and are represented through their legal representatives. The Suit Agreement is for a consideration of Rs.70,000/-, and it is recited that the appellant has
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