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2022 Supreme(SC) 470

M. R. SHAH, B. V. NAGARATHNA
Rajpal Singh – Appellant
Versus
Saroj (Deceased) Through LRs – Respondent


Advocates appeared:
For the Appellant(s) :Ankur Mittal, Nidhi Mittal, Debojyoti Sengupta, Advocates
For the Respondent(s):Rudra Pratap, Shyam D. Nandan, Talha Rahman, Advocates

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.09.2016 passed by the High Court of Punjab and Haryana at Chandigarh in Second Appeal No. 4594 of 2009 by which the High Court has allowed the said appeal preferred by the original plaintiff and has quashed and set aside the judgment and order passed by the First Appellate Court decreeing the suit for specific performance and restoring the judgment and decree passed by the learned Trial Court dismissing the suit for specific performance of the agreement to sell, the original respondent No.1 has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:-

2.1 That the respondent No.2 herein – original defendant No.2 was the owner of the property in question being in the nature of agricultural land. The original owner – original defendant No.2 entered into one Agreement to Sell dated 04.04.1993 with the appellant agreeing to sell the property in question for a sale consideration of Rs. 115,000/-. The time for executing the sale deed was extended twice in writing on account of request by original defendant No.1 – executant of the sale deed – o


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