RSA No. 1266 of 2008

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

RSA No. 1266 of 2008 (O&M)

Date of Decision: 20 .01.2012

Gulshan Kanda

...Appellant

Vs.

Mohinder Singh (dead) through

LRs & Ors.

...Respondents

BEFORE: HON'BLE MR.JUSTICE A.N.JINDAL

Present:

Mr.Harsh Bunger, Advocate,

for the appellant.

None for the respondents.

(Respondents No.2,3 & 5 proceeded ex parte)

---

A.N.Jindal, J.

This is the plaintiff's appeal against the judgment dated

6.12.2007 passed by the first appellate court dismissing the appeal

against the judgment dated 25.09.2006 passed by the trial court

whereby suit of the plaintiff for specific performance and in the

alternative for recovery of Rs.60,000/- was dismissed.

In nutshell, the facts are that the defendant

No.3/respondent (herein referred as the defendant No.3) being the

RSA No. 1266 of 2008

2

general attorney of defendant No1 Mohinder Singh and Sarwan

Singh son of Ragga Singh (since deceased) now represented by

defendants Nos. 2-A to 2-C had entered into an agreement for sale of

land, as fully detailed in the heading of the plaint on 12.7.1993 and

after receiving a full and final payment of Rs.3