REGULAR SECOND APPEAL No.1209 OF 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

RSA No.1209 of 2011

DATE OF DECISION: 15

th MARCH, 2011

Tara Chand

.... Appellant

Versus

Parkash

.... Respondent

CORAM :- HON'BLE MR. JUSTICE L. N. MITTAL.

PRESENT: Mr. Anil Kshetarpal, Advocate for the appellant.

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L.N. MITTAL, J. (ORAL)

This is second appeal by Tara Chand defendant.

Respondent-plaintiff Parkash filed suit against defendant-

appellant for possession of 5 Kanals 4 Marlas land being 1/4^th share of 20

Kanals 16 Marlas land, by way of specific performance of agreement to sell

dated 26.04.1994. The plaintiff also claimed ancillary relief of permanent

injunction.

Plaintiff's case is that the defendant agreed to sell the suit land

to the plaintiff for Rs.95,415/- and received the entire sale consideration and

executed the impugned agreement dated 26.04.1994. The defendant had

preempted the suit land and other land vide judgment and decree dated

15.04.1994 in preemption suit No.209 of 1992. It was stipulated in the

impugned agreement that sale deed would be executed in favour of the

plaintiff after sanctioning of mutation in favour of defendant pursuant t