RSA-3921-2019 (O&M)

1

2023:PHHC:115623

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

RSA-3921-2019 (O&M)

Reserved on: 22.08.2023

Date of decision: 01.09.2023

M/s Victor Cycles Private Limited

..Appellant

Versus

Sh.Sarvesh Kumar Jindal

.Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:-

Mr. V.K.Jindal, Sr. Advocate with

Mr. Akshay Jindal, Advocate

Mr. Pankaj Gautam, Advocate

and Mr. Arman Goyal, Advocate

for the appellant

Mr. Puneet Jindal, Sr. Advocate with

Ms. Malvi Aggarwal, Advocate for the respondent

ANIL KSHETARPAL, J

1.

The correctness of the concurrent findings of fact arrived at

by the courts below while decreeing the suit for possession by way of

specific performance of the agreement to sell, is challenged by the

defendant in this Regular Second Appeal. The agreement to sell was

executed on 07.01.2006 with respect to property bearing MC

No.B.XXXIII 2175 measuring 2425 sq. yards area for a total sale

consideration of Rs.1,31,00,000/-. The execution of the agreement to

sell is not in dispute between the parties, although the defendant claims

that this document was executed as a collateral security for the

repayme