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2015 Supreme(SC) 928

DIPAK MISRA, PRAFULLA C.PANT
Ramesh Chand (Dead) through L. Rs. – Appellant
Versus
Asruddin (Dead) through LRs – Respondent


Judgment :

Prafulla C. Pant, J.

This appeal is directed against judgment and order dated 22.01.2014, passed by the High Court of Punjab and Haryana in Regular Second Appeal No. 1344 of 2011 (O&M) whereby said court has dismissed the appeal, and affirmed the decree passed by the first appellate court regarding specific performance of contract, in a suit filed by the plaintiff/respondent No.1.

2. We have heard learned counsel for the parties and perused the papers on record.

3. Brief facts of the case are that plaintiff/respondent No.1 Asaruddin entered into an agreement with defendant No. 1/appellant Ramesh Chand on 21.06.2004, whereby the appellant agreed to sell his land measuring 12 kanals, 16 marlas, situated in Village Mohammed Nagar, Tehsil Ferozpur Jhirka, District Gurgaon, to the respondent No. 1 for an amount of rupees six lacs. An agreement for sale was executed between the parties after the appellant accepted rupees four lacs as a part of consideration. It was further agreed between the parties that the land in suit, mortgaged with defendant No. 2/respondent No. 2 Gurgaon Gramin Bank, Nagina, would be redeemed by the appellant before execution of the sale deed. It is pleaded







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