RSA No.1475 of 2015 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

RSA No.1475 of 2015 (O&M)

Date of Order: 05.03.2019

Jai Kishan Garg

...Appellant

Versus

Randhir Singh

...Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Ashok Aggarwal, Sr. Advocate, with

Mr. Mukul Aggarwal, Advocate,

for the appellant.

Mr. Kamal Sehgal, Advocate,

for the respondent.

ANIL KSHETARPAL, J.

Defendant-appellant is in the regular second appeal against the

judgment passed by the learned first appellate court reversing the judgment

of the trial court and granting decree for specific performance of the

agreement to sell dated 17.10.2005.

In the present case, signatures on the agreement to sell are not

disputed, however, defendant has pleaded that the agreement to sell was

executed in good faith and the same is result of fraud. It has been pleaded

that the defendant is not the complete owner of the property.

Learned trial court after returning a finding that the execution

of the agreement to sell and payment of earnest money has been proved,

ordered refund of double of the amount of the earnest money on two

grounds:-

(i)

that the title of the defenda