RSA No.3399 of 2009 (O&M)

1

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

R.S.A. No. 3399 of 2009 (O&M)

Date of Decision: December 07, 2009

Karnail Singh

...........Appellant

Versus

Amarjeet Kaur and others

..........Respondents

Coram:

Hon'ble Mrs. Justice Sabina

Present: Mr.O.P.Hoshiarpuri, Advocate for the Appellant.

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Sabina, J.

Plaintiff-Karnail Singh filed a suit for possession by way of

specific performance. The suit of the plaintiff was dismissed by the Civil

Judge (Junior Division) Ferozepur vide judgment and decree dated

16.2.2008. The appeal filed by plaintiff was dismissed by the Additional

District Judge Ferozepur vide judgment and decree dated 26.5.2009.

Hence, the present appeal by the plaintiff.

The facts of the case, as noticed by the Additional District

Judge in paras 2 to 4 of its judgment, read as under:-

“ 2.The physical contours of the plaintiff's case, as reflected in the

plaint, in brief is that defendant no.1 Gurnam Kaur, being owner

of the suit land, entered into an agreement to sell dated

13.11.1997 in favour of the plaintiff for sale of the suit land at the

rate of Rs. 1,00,000/- per killa and received Rs. 4,0