RAKESH KUMAR JAIN
Kapoor Singh – Appellant
Versus
Om Prakash – Respondent
1. This appeal is directed against order of the Additional Civil Judge (Sr. Division), fatehgarh Sahib dated 4.6.2008 and the order of the District. Judge, Fatehgarh sahib dated 03.03.2009, whereby objections filed by the appellant-Kapoor Singh were dismissed.
2. The brief facts of the case are that sarwan Singh son of Bishan Singh (hereinafter referred to as judgment debtor) entered into an agreement to sell dated 16.5.1988 with one Om Parkash son of bhiwani Ram (hereinafter referred to as decree holder)land falling in Khewat/khatoni no.55, Khasra No.112 (8-10) 113 min. total measuring 10 Bighas 10 Biswas situated in village Khoje Majra, Tehsil and District fatehgarh Sahib, @ Rs.8,000/- per bigha after receiving earnest money of Rs.50,000/-. The sale deed was to be executed by judgment debtor in favour of the decree holder on or before 30.5.1989. Since the judgment debtor did not execute the sale deed as stated in the agreement, therefore, the decree holder filed a Civil Suit No.657 of 16.9.1991 titled as Om Parkash V/s. Sarwan singh for specific performance and permanent injunction which was decreed by Sub judge 1st Class, Fatehgarh Sahib on 22.10.1994. The decree passed
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