RSA No.4235 of 2014 (O&M)

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

RSA No.4235 of 2014 (O&M)

Date of Decision.23.03.2018

Krishan Pal and others

......Appellants

Vs

Amar Nath Pandey and others

.....Respondents

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. R.S. Mamli, Advocate

for the appellants.

Mr. N.D. Achint, Advocate

for the respondents.

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AMIT RAWAL J.(ORAL)

The appellants-defendant Nos.1 to 3 i.e. Krishan Pal, Kailash

Chand and Rajbir (since deceased) represented through legal heirs, who

were ex parte before the trial Court are in regular second appeal against the

judgment and decree rendered by the lower Appellate Court whereby suit

for specific performance of the agreement to sell dated 26.8.2004 in respect

of their share has been partly decreed by taking out the share of defendant

Nos.4 and 5, who were land owners, for want of permission.

The respondent-plaintiff instituted the suit for specific

performance of the agreement to sell dated 26.8.2004 in respect of the land

measuring 4 kanals as described in para 2 of the plaint (hereinafter called

the “suit property”). It was submitted tha